Appeal 2007-2214
Application 10/032,383
non-woven fabric or any other type of fiber or loop material” (id. at col. 25,
ll. 28-52). The Examiner should consider whether any of claims 7-9 and 35
would have been obvious over Thomas in view of Kuen, which discloses
using its attachment system for disposable diapers (Kuen, col. 1, ll. 18-20).
In addition, claim 26 does not appear to further limit claim 55.
Therefore, if prosecution of this claim is continued, this issue should be
resolved.
SUMMARY
We affirm the rejection of claims 3-5, 11-14, 16, 20, 26, 28, 29, 31,
33, 52-55, and 62 under 35 U.S.C. § 102 and the rejection of claims 15 and
30 under 35 U.S.C. § 103. However, we reverse the rejection of claims 7-9
and 35 under 35 U.S.C. § 103.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a).
AFFIRMED-IN-PART
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SENNIGER, POWERS, LEAVITT & ROEDEL
16TH FLOOR
ONE METROPOLITAN SQUARE
ST. LOUIS, MO 63102
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