Ex Parte Buell et alDownload PDFBoard of Patent Appeals and InterferencesJan 18, 201210366176 (B.P.A.I. Jan. 18, 2012) Copy Citation UNITED STATES PATENT AND TRADEMARK OFFICE UNITED STATES DEPARTMENT OF COMMERCE United States Patent and Trademark Office Address: COMMISSIONER FOR PATENTS P.O. Box 1450 Alexandria, Virginia 22313-1450 www.uspto.gov APPLICATION NO. FILING DATE FIRST NAMED INVENTOR ATTORNEY DOCKET NO. CONFIRMATION NO. 10/366,176 02/13/2003 Kenneth Barclay Buell AA313D 8923 27752 7590 01/19/2012 THE PROCTER & GAMBLE COMPANY Global Legal Department - IP Sycamore Building - 4th Floor 299 East Sixth Street CINCINNATI, OH 45202 EXAMINER HAND, MELANIE JO ART UNIT PAPER NUMBER 3761 MAIL DATE DELIVERY MODE 01/19/2012 PAPER Please find below and/or attached an Office communication concerning this application or proceeding. The time period for reply, if any, is set in the attached communication. PTOL-90A (Rev. 04/07) UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte KENNETH BARCLAY BUELL, GREGORY ASHTON, CRAIG ANDREW HAWKINS, and WILLIAM ROBERT VINNAGE JR. ____________ Appeal 2010-001777 Application 10/366,176 Technology Center 3700 ____________ Before CHARLES N. GREENHUT, MICHAEL L. HOELTER, and JAMES P. CALVE, Administrative Patent Judges. CALVE, Administrative Patent Judge. DECISION ON APPEAL Appeal 2010-001777 Application 10/366,176 2 STATEMENT OF THE CASE Appellants appeal under 35 U.S.C. § 134 from the Examiner’s decision rejecting claims 1, 2, and 4-10 under 35 U.S.C. § 102(b) as being anticipated by Sasaki (US 5,626,574; iss. May 6, 1997).1 We have jurisdiction under 35 U.S.C. § 6. We AFFIRM. THE INVENTION Claim 1 illustrates the claimed subject matter on appeal: 1. A disposable pull-on garment having a front region, a back region and a crotch region between the front region and the back region, comprising: a chassis provided in the front, back and crotch regions and having edge lines in the front and back regions, the chassis including a topsheet, a backsheet associated with the topsheet, and an absorbent core disposed between the topsheet and the backsheet; and a pair of extensible front ear panels extending laterally outward from the chassis in the front region, and a pair of extensible back ear panels extending laterally outward from the chassis in the back region, each of the front and back ear panels having an outermost edge line; each of the front and back ear panels being joined along its outermost edge line to its corresponding opposite front or back ear panel to form two overlapping seams, two leg openings and a waist opening; at least one of the overlapping seams having a substantially bonded portion extending from the waist opening to an unbonded portion and the unbonded portion extending from the substantially bonded portion to one of the leg openings such that the ratio in the length of the unbonded portion to the substantially bonded portion is between about 4:96 and about 20:80. 1 The Examiner withdrew the rejection of claims 1-10 under § 102(e) as being anticipated by Buell (US 5,931,827; iss. Aug. 3, 1999). See Ans. 4. Appeal 2010-001777 Application 10/366,176 3 ISSUE An issue presented by this appeal is: Does Sasaki disclose a disposable pull-on garment with at least one overlapping seam having a substantially bonded portion extending from the waist opening to an unbonded portion and the unbonded portion extending from the substantially bonded portion to a leg opening as recited in claim 1? ANALYSIS Appellants argue claims 1, 2, and 4-10 as a group. We select claim 1 as a representative claim of the group. Claims 2 and 4-10 stand or fall with claim 1. See 37 C.F.R. 41.37(c)(1)(vii). The Examiner found that Sasaki discloses a substantially bonded portion (rectangular welded zone in Figure 3) that extends from a waist opening to an unbonded portion that extends from a leg opening to the last bond area of the substantially bonded portion (the bond that is most distal from the waist opening). Ans. 3-5. The Examiner also found that Sasaki discloses dimensions of the welds/bonded portions 17, 18, 19, the gaps between welds, and ratios of the unbonded portion to the substantially bonded portion. Supp. Ans. 2-3; Ans. 3, 5. Appellants argue that Sasaki does not disclose “a substantially bonded portion extending from the waist opening to an unbonded portion and the unbonded portion extending from the substantially bonded portion to one of the leg openings” as recited in claim 1. App. Br. 5-6. Appellants assert that the Examiner’s finding that Figure 3 of Sasaki discloses a welded zone that extends from a waist opening to an unbonded portion and the unbonded portion extending between the most distal bond area and the leg opening is unreasonably broad and inconsistent with plain meaning. Reply Br. 2-4. Appellants acknowledge that Sasaki discloses various dimensions “d,” “C,” Appeal 2010-001777 Application 10/366,176 4 “D” for the welds, but assert that none of these dimensions describes “a substantially bonded portion extending from the waist opening to an unbonded portion” or “the unbonded portion extending from the substantially bonded portion to one of the leg openings.” Reply Br. 5-6. Appellants illustrate their understanding of the Examiner’s findings in their Reply Brief. See Reply Br. 3 (marked-up version of Figure 3 of Sasaki). We agree with the Examiner that Sasaki discloses a substantially bonded portion extending from the waist opening to an unbonded portion and the unbonded portion extending from the substantially bonded portion to a leg opening when claim 1 is given its broadest reasonable interpretation consistent with Appellants’ Specification. Appellants define “substantially bonded portion” as “portions which are intermittently and/or continuously joined to other materials to contribute to the formation of the leg and waist openings 34 and 36.” Spec. 13, ll. 5-8. Sasaki discloses a substantially bonded portion (welded zones 10) extending from the waist opening to a final weld 18 that is most distal from the waist opening. Sasaki, col. 2, ll. 52-63; fig. 3; see Ans. 4; Reply Br. 3 (portion designated “welded zone” in reproduced Figure 3 of Sasaki). The welded zones 10 comprise overlapping seams that are intermittently joined via welds 17, 18, 19 to form leg and waist openings. Sasaki, col. 2, l. 52 – col. 3, l. 6; figs. 1, 3. Appellants define “unbonded portion” as “portions which are not joined to other materials.” Spec. 13, ll. 8-9. Sasaki discloses an unbonded portion between the substantially bonded portion and the leg opening, as the Examiner found. Sasaki, fig. 3; see Ans. 4; Reply Br. 3 (portion designated “unbonded portion” in reproduced Figure 3 of Sasaki); Spec. 6, ll. 30-32 (a substantially bonded portion SB starts from the waist opening 36 and an Appeal 2010-001777 Application 10/366,176 5 unbonded portion UB starts from the leg opening); figs. 1, 2. Accordingly, we sustain the Examiner’s rejection of claim 1, and claims 2 and 4-10 which fall with claim 1. CONCLUSION Sasaki discloses a disposable pull-on garment with at least one overlapping seam having a substantially bonded portion extending from the waist opening to an unbonded portion and the unbonded portion extending from the substantially bonded portion to a leg opening as recited in claim 1. DECISION The Examiner’s decision to reject claims 1, 2, and 4-10 under 35 U.S.C. § 102(b) as being anticipated by Sasaki is AFFIRMED. No time period for taking any subsequent action in connection with this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv). 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