Ex Parte Popp et al

Board of Patent Appeals and Interferences

Jan 23, 2012

10185418 (B.P.A.I. Jan. 23, 2012)

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.
10/185,418 06/28/2002 Robert Lee Popp KCX-1451 5982
22827 7590 01/23/2012
DORITY & MANNING, P.A.
POST OFFICE BOX 1449
GREENVILLE, SC 29602-1449
EXAMINER
ANDERSON, CATHARINE L
ART UNIT PAPER NUMBER
3764
MAIL DATE DELIVERY MODE
01/23/2012 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 ROBERT LEE POPP, KATHLEEN IRENE RATLIFF,
MARCILLE FAYE RUMAN, HENRY LOUIS CARBONE II,
and MATTHEW LEE KOELE
__________

Appeal 2010-007967
Application 10/185,418
Technology Center 3700
__________

Before DEMETRA J. MILLS, ERIC GRIMES, and FRANCISCO C.
PRATS, Administrative Patent Judges.

GRIMES, Administrative Patent Judge.

DECISION ON APPEAL
This is an appeal under 35 U.S.C. § 134 involving claims to an
absorbent garment, which the Examiner has rejected as anticipated or
obvious. We have jurisdiction under 35 U.S.C. § 6(b). We reverse.
STATEMENT OF THE CASE
Claims 1-9, 12-17, 19, 21-34, 37-41, 43, 45-59, 62-67, 70, 72, and
74-76 are on appeal. Claim 1 is representative and is directed to an
Appeal 2010-007967
Application 10/185,418

2
absorbent pant garment comprising front and back side panels having a waist
edge and a leg edge that are parallel to each other for a specified distance,
and an absorbent chassis that “has an outer cover that forms the first and
second front and back side panels to create a one-piece garment exterior.”
The full text of claim 1 is reproduced in the Claims Appendix (Appeal Br.
12-13). Claims 26 and 50, the only other independent claims, also include
the same “outer cover that forms . . . side panels to create a one-piece
garment exterior” limitation.
The claims stand rejected as follows:
• Claims 1, 6-9, 12-17, 19, 23, 26, 31-34, 39-41, 43, 47, 50, 51,
55-59, 62-65, 70, 72, and 74-76 under 35 U.S.C. § 102(e) as anticipated by
Turi1 (Answer 3);
• Claims 2-5, 27-30, and 52-55 under 35 U.S.C. § 103(a) as obvious
based on Turi (Answer 5); and
• Claims 21, 22, 24, 25, 45, 46, 48, 49, 66, and 67 under 35 U.S.C.
§ 103(a) as obvious based on Turi and Ashton2 (Answer 6).
We will reverse all of these rejections. Each of the independent
claims on appeal requires that the “absorbent chassis has an outer cover that
forms the first and second front and back side panels to create a one-piece
garment exterior.” The Examiner finds that Turi discloses an absorbent
garment in which “the front and back side panels are connected and form the
outermost surface of the article, as shown in figure 10, and therefore are
considered to form a one-piece garment exterior” (Answer 4).

1 Turi et al., US 6,413,249 B1, July 2, 2002
2 Ashton et al., US 6,478,785 B1, Nov. 12, 2002
App
App

(belt
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The figu
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9).
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ls (see An
As Appe
forms the
garment
07967
/185,418
scloses abs
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re shows a
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Appeal Br
3
icles that i
Figure 10
perspectiv
e bands ar
er in the c
bodiment
ments 303
ent article
ntractible
first and s
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. 10). The
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and 305)
. The Exa
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asticized m
elow:

an absorbe
to the out
n” (Turi,
eparate ela
attached t
miner inte
ments 315
t and back
ire “an ou
ls to create
tion states
embers
nt article
side of the
col. 4, ll.
stically
o part of
rprets the
, 317, 319
side
ter cover
a one-
that “in

,
Appeal 2010-007967
Application 10/185,418

4
certain embodiments the outer cover 40 may also cover, or form, the side
panels 34, 36 as well, creating an all-encompassing, one-piece garment
exterior” (Spec. 11: 19-20). Thus, the claim language, interpreted in light of
the Specification, requires that the first front side panel, second front side
panel, first back side panel, and second back side panel are all formed from
the outer cover of the claimed absorbent garment, giving it a one-piece
exterior.
Even under the Examiner’s interpretation, by contrast, Turi does not
disclose that all of the side panels are formed from the outer cover. Rather,
Turi’s Figure 10 shows that side panels 315 and 321 are formed from
elastically contractible band 305, while side panels 317 and 319 are formed
from elastically contractible band 303. These “elastically contractible bands
are attached to the outside” or outer cover of Turi’s absorbent article (Turi,
col. 4, ll. 27-29, emphasis added)
In addition, Turi does not disclose an absorbent article with a one-
piece exterior, because the exterior of Turi’s article has at least three pieces:
elastically contractible band 303, elastically contractible band 305, and the
parts of the exterior not covered by one of the elastically contractible bands.
Turi therefore does not anticipate the claims on appeal, and the Examiner
has not adequately explained why the limitations not taught by Turi would
have been obvious based on Turi, alone or combined with Ashton.
SUMMARY
We reverse the rejection claims 1, 6-9, 12-17, 19, 23, 26, 31-34,
39-41, 43, 47, 50, 51, 55-59, 62-65, 70, 72, and 74-76 as anticipated by Turi;
the rejection of claims 2-5, 27-30, and 52-55 as obvious based on Turi; and
Appeal 2010-007967
Application 10/185,418

5
the rejection of claims 21, 22, 24, 25, 45, 46, 48, 49, 66, and 67 as obvious
based on Turi and Ashton.

REVERSED

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