Ex Parte 6428526 et al - Page 14

                Appeal 2007-0724                                                                                
                Reexamination Control 90/006,775                                                                
                Patent 6,428,526                                                                                
           1           We find that one of ordinary skill in the art would have been                            
           2    motivated to modify the adhesive fastening means in Caldwell with hook-                         
           3    and-loop fastening means for the reasons disclosed in Roessler.  Therefore,                     
           4    based on the record before us, it is reasonable to conclude that the claimed                    
           5    invention would have been obvious to one of ordinary skill in the art in view                   
           6    of the combined teachings of Roessler and Caldwell.                                             
           7                             CONCLUSIONS OF LAW                                                     
           8           The appellants have shown that the examiner incorrectly interpreted                      
           9    the language in claim 1 at issue.                                                               
          10           The appellants have shown that the examiner failed to establish that                     
          11    Dragoo, and by incorporation, Buell and Nestegard, either anticipate or                         
          12    would have rendered obvious a package comprising a plurality of diapers                         
          13    wherein each diaper has stemlike projections releasably engaged with the                        
          14    diaper to provide a pant-like structure as required by claim 1.                                 
          15           The appellants have shown that the examiner failed to establish that                     
          16    the combined teachings of Buell, Nestegard, and the ‘777 Board decision                         
          17    would have rendered obvious a package comprising a plurality of diapers                         
          18    wherein each diaper has stemlike projections releasably engaged with the                        
          19    diaper to provide a pant-like structure as required by claim 1.                                 
          20           The appellants have not shown that the examiner erred in concluding                      
          21    that the combined teachings of Roessler and Caldwell would have rendered                        
          22    obvious a package comprising a plurality of diapers wherein each diaper has                     
          23    stemlike projections releasably engaged with the diaper to provide a package                    
          24    of diapers having a pant-like structure.                                                        



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