Appeal 2007-1015
Application 10/011,088
lack of motivation for one of ordinary skill in the art to employ a straight
edge on the longitudinal side of an absorbent article chassis in the crotch
area of Blenke based on the teachings of Widlund with respect to the use of
such a construction of an absorbent article chassis longitudinal side straight
edge in a substantially similar article.1 We are not persuaded of reversible
error in the Examiner’s obviousness rejection by this argument.
In particular, we note that Widlund discloses several absorbent article
embodiments including an embodiment with longitudinal sides of a chassis
having straight edges in the crotch area (Fig. 4) when placed in a flat, planar
orientation and an embodiment wherein the longitudinal sides of a chassis
has a curved edge in the crotch area (Fig. 10). Furthermore, we note that
representative claim 2 places no limitation on the width of the material that
is located in the crotch zone of the absorbent article as seemingly agreed
with by Appellants (Br. 14). Thus, it is our determination that Widlund
furnishes ample evidence that would have suggested that an ordinarily
skilled artisan employ a chassis longitudinal side straight edge, as claimed,
in the absorbent article of Blenke as an alternative to a curved edge in the
crotch region with a reasonable expectation of success in so doing. “The
combination of familiar elements according to known methods is likely to be
obvious when it does no more than yield predictable results.” KSR,
127 S. Ct. at 1739, 82 USPQ2d at 1395.
1 The edge is required to be straight in at least the crotch area when the
absorbent article is placed in a flat, planar orientation as set forth in
representative claim 2.
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