Appeal 2007-1563
Application 10/462,067
These Chen disclosures further support the Examiner’s position that
there is a reasonable basis in fact to believe that Chen discloses a basesheet
(i.e., a first three-dimensionally patterned stabilized absorbent layer) made
of the same materials disclosed by Appellants that inherently has the same
tensile strengths as disclosed by Appellants. Best, 562 F.2d at 1255,
195 USPQ at 433. Accordingly, the burden shifted to Appellants to show
that Chen’s basesheets do not inherently possess the disclosed tensile
strengths.2 Id. Appellants have proffered no evidence making such a
showing. Appellants have not satisfied their burden.
For the above reasons, we affirm the Examiner’s § 103(a) rejection of
argued claims 1 and 47 and dependent claims 2-7, 11-23, 46, and 50.
INDEPENDENT CLAIM 24
Appellants argue that the Examiner has not established that the
claimed topological features (i.e., “a vertical area as determined by the
Topography Analysis Method of at least 0.1 cm2 per 1.0 cm2 projected area
of the first three-dimensionally patterned stabilized absorbent layer”) are
inherent in Chen’s basesheets (i.e., a first three-dimensionally patterned
stabilized absorbent layer) (Br. 8). Appellants argue that the Examiner has
not established that Chen’s materials are made by similar processes such that
the claimed topological features would be inherent (Br. 9). Appellants
further argue that since Chen fails to provide bump radius ranges, it is
impossible to derive the requisite vertical area per projected area value as
claimed (Br. 9).
2 Since Kimberly-Clark Worldwide, Inc. is the real party in interest for this
application and the assignee for the Chen patent, Appellants’ burden does
not appear to be an onerous.
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