Case No. IP-2015-000205

12.It was common ground that the skilled person had experience working in the design, development and manufacture of disposable absorbent garments. There was a dispute about the skilled person’s familiarity with ultrasonic bonding. Ultrasonic bonding is a technique by which materials can be welded together without the use of heat; instead, vibratory energy is applied at ultrasonic frequencies, i.e. above the usual upper limit of human hearing. 13.Mr St Quintin conceded that it would have occurred to the skilled person that ultrasonic bonding was one of the available means to bind materials in the course of manufacturing disposable absorbent garments. He also submitted, however, that at the priority date the skilled person would have thought that ultrasonic bonding was not suitable for such garments and therefore would have rejected it as a tool. Alternatively, if the skilled person had contemplated the use of ultrasonic bonding and consulted an expert in the technique, the expert would not have devised the means of creating vents in the side panels disclosed in the characterizing part of the amended claims. 14.The Patent itself states that ultrasonic welding was a procedure well known to those skilled in the art (at [26]). Gail Becke, who gave expert evidence for Joa, agreed with this. Brent Brinkley, FDS’s expert, confirmed that it was a technique well known in the disposable garment industry at the priority date, although some companies used it more than others. He also said in cross-examination that if the skilled person wanted to use ultrasonic bonding to make a hole the materials used to make a disposable garment, he would know how to do that. 15.I think that at the priority date the skilled person would have considered ultrasonic bonding as one of the methods available to him for bonding the sort of materials that make up disposable garments such as nappies. The means of use were well known. Assuming he also wished to make holes in those materials as well as bonding them, he would have known that this could be done by ultrasonic bonding.