Ex Parte Van Dyke

Board of Patent Appeals and Interferences

May 17, 2011

11116654 (B.P.A.I. May. 17, 2011)

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.
11/116,654 04/27/2005 Wendy L. Van Dyke 21,164B 5225
23556 7590 05/18/2011
KIMBERLY-CLARK WORLDWIDE, INC.
Tara Pohlkotte
2300 Winchester Rd.
NEENAH, WI 54956
EXAMINER
CHAPMAN, GINGER T
ART UNIT PAPER NUMBER
3761
MAIL DATE DELIVERY MODE
05/18/2011 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 WENDY L. VAN DYKE
____________

Appeal 2009-012891
Application 11/116,654
Technology Center 3700
____________

Before MICHAEL W. O’NEILL, STEFAN STAICOVICI,
and KEN B. BARRETT, Administrative Patent Judges.

O’NEILL, Administrative Patent Judge.

DECISION ON APPEAL

STATEMENT OF THE CASE
Wendy L. Van Dyke (Appellant) seeks our review under 35 U.S.C.
§ 134 of the rejection of claims 1-19, 21, and 22 under 35 U.S.C. § 103(a) as
being unpatentable over Sayama (US 2003/0032933 A1, Feb. 13, 2003).
Claim 20 was canceled. We have jurisdiction under 35 U.S.C. § 6(b). We
AFFIRM.
Appeal 2009-012891
Application 11/116,654

2
The claimed invention is to a disposable absorbent article.
Claim 16, reproduced below, is illustrative of the subject matter on
appeal.
16. A disposable absorbent article defining a
lateral direction, a longitudinal direction, a front
waist region, a rear waist region, a crotch region
extending between and connecting said waist
regions, an interior surface, an exterior surface,
said absorbent article comprising:
A liquid impermeable outercover;
An absorbent body disposed on said interior
surface of said article relative to said outercover;
A pair of front ears joined to said article in said
front waist region, each of said front ears defining
a front ear proximal edge having a front ear
proximal edge length and each of said front ears
comprising a front ear base material and fastener
material attached to said front ear base material;
A pair of back ears joined to said article in said
back waist region, each of said back ears defining
a back ear proximal edge having a back ear
proximal edge length and each of said back ears
comprising a back ear base material and fastener
material attached to said back ear base material,
wherein each back ear is symmetric in the
longitudinal direction; wherein
Said front ear proximal edge length is
substantially the same as said back ear proximal
edge length.

OPINION
We have carefully reviewed the rejection on appeal in light of the
arguments of the Appellant and the Examiner. As a result of this review, we
adopt as our own (1) the findings and technical analysis set forth by the
Appeal 2009-012891
Application 11/116,654

3
Examiner in the Answer (pages 3-8) and (2) determine that the Examiner in
the Answer (pages 8-10) appropriately addressed the Appellant’s arguments
within the Appeal Brief against the rejection. We concur with the
conclusions reached by the Examiner that the teachings Sayama and the
Examiner’s articulated technical reasons for the proposed modifications to
Sayama’s absorbent article render obvious the claimed subject matter on
appeal. Accordingly, we conclude that the Examiner’s evidence and
technical analysis demonstrates the obviousness of the claimed subject
matter and overcomes Appellant’s evidence and argument of
nonobviousness for the claimed subject matter.

DECISION
The Examiner’s decision to reject claims 1-19, 21, and 22 under 35
U.S.C. § 103(a) as being unpatentable over Sayama 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). See 37 C.F.R.
§ 1.136(a)(1)(iv) (2010).

AFFIRMED

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