Appeal 2007-1563
Application 10/462,067
by a series of resilient basesheet layers” (Chen, col. 36, ll. 66-67, col. 37,
ll. 1-2).
From the above disclosures, Chen plainly discloses that one of the
basesheets (i.e., a first three-dimensional patterned stabilized absorbent
layer) in the multi-ply structure is a liner and the absorbent core of the multi-
ply structure may be comprised of a series of basesheets. In other words,
Chen discloses using basesheets for the liners and as the absorbent core
materials. Accordingly, in view of such disclosure, all of Appellants’
arguments are unpersuasive.
We affirm the Examiner’s § 103(a) rejection of claims 41, 49, and 52
over Chen in view of Hansen.
DEPENDENT CLAIMS 48 AND 51
Appellants argue that Chen does not disclose a surge layer as
required by claims 48 and 51 (Br. 15). Appellants further contend that
Chen’s multi-ply structure is directed to multi-ply layers generally, not surge
layers which may or may not be contained therein (Br. 15).
We have considered all of Appellants’ arguments and find them
unpersuasive for the reasons below.
Appellants disclose that the purpose of a surge layer is “to quickly
take up and temporarily hold the urine until the absorbent core . . . has
adequate time to absorb the urine” (Specification ¶ [0068]).
Chen discloses there is a need, which Chen’s basesheets (i.e., a first
three-dimensional patterned stabilized absorbent layer) fulfill, for multi-ply
structure that keeps the user’s skin dry while “providing for rapid z-direction
(depthwise) transport of the liquid through the topsheet into the underlying
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