Appeal 2007-2409
Application 10/034,846
creped fabrics, crimped fabrics, extensible fiber fabrics, bonded-carded
fabrics, micro-pleated fabrics, or polymer films. (Specification 18.) Thus,
the stretchability of the outer cover of the claimed disposable absorbent
article is attributed to a property of the material comprising the outer cover.
In addition, the Specification indicates that in the claimed disposable
absorbent article the leg elastics are adhered to the outer cover in a stretched
position, and thus are not part of the outer cover material. (Specification 9.)
While Roe describes that the back sheet or outer cover can be made of
a flexible material that is conforming to the shape of the body, and also
describes elastic leg cuffs running the entire length of the back sheet, there is
no evidence before us that the actual material comprising the back sheet or
outer cover is elastic or extensible. The back sheet of Roe, on the other
hand, may comprise a woven or non-woven material, or polymeric films
such as thermoplastic films of polyethylene or polypropylene. (Roe, col. 9,
ll. 15-30.) Thus there is no suggestion that the films or woven or non-woven
materials of Roe are extensible, as they are merely stated to be flexible.
In view of the above, we conclude that Roe does not describe a
stretchable outer cover as claimed and the rejection of claims 83-89, 91-92,
100-102 and 106-111 is reversed.
CONCLUSION
In summary, we reverse the anticipation rejection of the claims over
Roe and Clear.
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