Appeal 2007-2825
Application 10/262,036
1 Knowledge of person having ordinary skill in the art
2 On this record, we have no trouble finding that a person having
3 ordinary skill the art would know at least the following.
4 1. Diapers and sanitary napkins comprise a topsheet, a backsheet and
5 an absorbent layer between the topsheet and backsheet.
6 2. Lotions are used in both diapers and sanitary napkins.
7 3. Stripes are used in diapers to (1) permit the absorbent core to easily
8 absorb bodily fluids while at the same time (2) providing lotion as needed.
9 4. While diapers differ from sanitary napkins, particularly in the rate
10 in which fluid reaches the diaper vis-à-vis the sanitary napkin, both the
11 diaper and the sanitary napkin function seek to accomplish a common
12 result—absorb bodily fluids.
13 5. Many features used in diapers are also used in sanitary napkins and
14 vice versa.
15
16 Objective evidence of non-obviousness
17 Apart from attorney argument, P&G has not presented for our
18 consideration any objective evidence of non-obviousness.
19
20 E. Principles of law
21 A claimed invention is not patentable if the subject matter of the
22 claimed invention would have been obvious to a person having ordinary skill
23 in the art. 35 U.S.C. § 103(a); KSR Int’l Co. v. Teleflex Inc., 127 S. Ct.
24 1727, 82 USPQ2d 1385 (2007); Graham v. John Deere Co. of Kansas City,
25 383 U.S. 1 (1966).
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