Ex Parte Hammons et al - Page 11


                Appeal 2007-2825                                                                             
                Application 10/262,036                                                                       
           1          The absorbent core is said to preferably comprise an acquisition                       
           2    layer 28a, an acquisition/distribution layer 28b, and a storage core 28c.                    
           3    Col. 11:32-40.                                                                               
           4          The article has lotion.  According to Elder, it is particularly preferred              
           5    to apply the lotion in a plurality of spaced apart stripes (i.e., non-uniform                
           6    coverage) so as to minimize the effect of the lotion on the absorbency                       
           7    properties of a diaper.                                                                      
           8          The use of stripes in the location noted is said to provide the                        
           9    central region 68 with an open area so as to easily absorb bodily fluids.                    
          10    Col. 29:20-25.                                                                               
          11          The use of stripes is further described in Example 3.  Col. 37:14-18.                  
          12                                                                                                 
          13                                Examiner's rejection                                             
          14          The Examiner, after noting the difference between Roe and the                          
          15    claimed subject matter, found that Elder described the use of stripes.                       
          16    Examiner's Answer 4-5.                                                                       
          17          The Examiner also found that one skilled in the art would have used                    
          18    stripes in the Roe absorbent devices to "allow liquid to still pass through the              
          19    topsheet."  Examiner's Answer 5, first paragraph.                                            
          20          We understand the Examiner to have found that one skilled in the art                   
          21    would have used stripes to simultaneously (1) permit the absorbent core to                   
          22    easily absorb bodily fluids while at the same time (2) providing lotion as                   
          23    needed.                                                                                      
          24                                                                                                 




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