11020843 (B.P.A.I. Nov. 18, 2010)

Ex Parte Newlin et al

Board of Patent Appeals and InterferencesNov 18, 2010

11020843 (B.P.A.I. Nov. 18, 2010)

UNITED STATES PATENT AND TRADEMARK OFFICE ____________ BEFORE THE BOARD OF PATENT APPEALS AND INTERFERENCES ____________ Ex parte SETH M. NEWLIN and DAVIS-DANG H. NHAN ____________ Appeal 2009-008437 Application 11/020,843 Technology Center 3700 ____________ Before JENNIFER D. BAHR, STEVEN D.A. McCARTHY and STEFAN STAICOVICI, Administrative Patent Judges. McCARTHY, Administrative Patent Judge. DECISION ON APPEAL1 1 The two-month time period for filing an appeal or commencing a civil action, as recited in 37 C.F.R. § 1.304, or for filing a request for rehearing, as recited in 37 C.F.R. § 41.52, begins to run from the “MAIL DATE” (paper delivery mode) or the “NOTIFICATION DATE” (electronic delivery mode) shown on the PTOL-90A cover letter attached to this decision. Appeal 2009-008437 Application 11/020,843 2 STATEMENT OF THE CASE 1 The Appellants appeal the Examiner’s final decision rejecting claims 2 1-8, 11-13 and 16-25 under 35 U.S.C. § 134. More specifically, the 3 Examiner rejects claims 1-8, 11-13, 16-20 and 22-25 under 35 U.S.C. 4 § 103(a) as being unpatentable over Tanzer (US 6,570,056 B1, issued May 5 27, 2003); and claim 21 under § 103(a) as being unpatentable over Tanzer 6 and Abuto (US 5,964,743, issued Oct. 12, 1999). Claims 9, 10, 14 and 15 7 are withdrawn from consideration. We have jurisdiction over the appeal 8 under 35 U.S.C. § 6(b). 9 We AFFIRM. 10 Claim 1 is illustrative of the claims on appeal: 11 1. An absorbent article comprising: 12 A stretchable, liquid impermeable 13 outercover; 14 A stretchable, liquid permeable liner 15 generally superposed with said outercover; and 16 An absorbent structure disposed between 17 said liner and said outercover, said absorbent 18 structure comprising: 19 An absorbent body comprising at least 20 two absorbent segments, wherein the at least two 21 absorbent segments are discrete, and wherein one 22 of the at least two absorbent segments is movable 23 relative to the other of the at least two absorbent 24 segments; and 25 A stretchable, liquid permeable 26 absorbent body wrapsheet substantially 27 surrounding said absorbent body wherein said 28 absorbent body wrapsheet is directly attached to an 29 absorbent segment. 30 31 Claims 22, 23 and 24 each include the limitation to an absorbent structure 32 comprising an absorbent body and a “stretchable, liquid permeable 33 Appeal 2009-008437 Application 11/020,843 3 absorbent body wrapsheet substantially surrounding said absorbent body 1 wherein said absorbent body wrapsheet is directly attached to an absorbent 2 segment.” 3 4 ISSUE 5 The Appeal Brief discusses only the subject matter of independent 6 claims 1, 22, 23 and 24 in connection with the rejections of claims 1-8, 11-7 13, 16-20 and 22-25 under § 103(a). (Br. 4 and 5). Therefore, the Brief 8 groups claims 2-8, 11-13, 16-20 and 25 with representative claim 1 for 9 purposes of the rejections under § 103(a). The rejection of dependent claim 10 21 is addressed separately, but in a manner which does not add any 11 substantive arguments beyond those contended against the rejection of claim 12 1. (Br. 5 and 6). 13 The sole issue in this appeal is: 14 Does Tanzer describe a liquid permeable absorbent body 15 wrapsheet substantially surrounding the absorbent body? (Br. 4). 16 17 FINDINGS OF FACTS 18 The record supports the following findings of fact (“FF”) by a 19 preponderance of the evidence. 20 1. Tanzer describes an absorbable article, e.g. a diaper, having an 21 outer cover 12, liquid permeable body-side liner 14 and an absorbent 22 structure or composite section 71. The absorbent structure 71 comprises an 23 absorbent body having absorbent segments 50 and a two-piece wrapsheet 46, 24 48 that surrounds absorbent segments 50, 58. (Tanzer, col. 3, ll. 5-20; col. 4, 25 ll. 1-21; col. 9, ll. 8-29; and figs. 1 and 3). 26 Appeal 2009-008437 Application 11/020,843 4 2. The Appellants do not contest that Tanzer describes layer 46 as 1 liquid pervious. (Br. 5; accord Tanzer, col. 6, l. 67 – col. 7, l. 4). 2 3. Tanzer describes layer 48 as liquid pervious. (Tanzer, col. 7, ll. 3 23-25). 4 5 ANALYSIS 6 The Appellants do not contest that Tanzer’s layer 46 is liquid 7 permeable but incorrectly contend layer 48 is a nonwoven elastic film or 8 sheet. (Br. 5). The Appellants contend that Tanzer at best provides “a layer 9 that is liquid permeable on a portion of the absorbent body rather than . . . 10 substantially surrounding the absorbent body.” (Id.) (underlines in original). 11 First, the Examiner correctly finds that Tanzer’s description of layer 12 48 as possibly including a film (see Tanzer, col. 6, ll. 60-64) “does not imply 13 that layer 48 is not liquid permeable.” (Ans. 15). Second, and more 14 importantly, Tanzer specifically describes layer 48 as liquid permeable. (FF 15 3). As such, Tanzer describes a two-piece, liquid permeable, absorbent body 16 wrapsheet 46, 48, substantially surrounding the absorbent body 50. (FF 1-17 3). 18 19 CONCLUSION 20 Tanzer describes a liquid permeable absorbent body wrapsheet 21 substantially surrounding the absorbent body. We sustain the rejections of 22 claims 1-8, 11-13, 16-20 and 22-25 under § 103(a) as being unpatentable 23 over Tanzer. Additionally we sustain the rejection of claim 21 under 24 § 103(a) as being unpatentable over Tanzer and Abuto. 25 26 Appeal 2009-008437 Application 11/020,843 5 DECISION 1 We AFFIRM the Examiner’s decision finally rejecting claims 1-8, 11-2 13 and 16-25. 3 No time period for taking any subsequent action in connection with 4 this appeal may be extended under 37 C.F.R. § 1.136(a). See 37 C.F.R. 5 § 1.136(a)(1) (2009). 6 7 AFFIRMED 8 9 10 Klh 11 12 13 14 KIMBERLY-CLARK WORLDWIDE, INC. 15 Tara Pohlkotte 16 2300 Winchester Rd. 17 NEENAH WI 54956 18