Appeal No. 96-3549
Application 08/171,484
expressly described or under principles of inherency, in a single
prior art reference. See Kalman v. Kimberly Clark Corp. , 713 F.2d
760, 771, 218 USPQ 781, 789 (Fed. Cir. 1983).
A review of the Wilson patent as a whole, in particular
Figures 1, 2, and 9, reveals to us that claim 76 is anticipated
thereby.
As explained below, appellants’ argument (brief, pages 3
through 9) fails to persuade us that claim 76 addresses a novel
invention.
Contrary to the view advocated in the brief (brief, pages 4
through 7), we are of the opinion that an artisan would readily
understand the disposable absorbent garment of Wilson (Figures 1
and 2) as being inherently capable of having a snap closure 62A
or 62B (third fastening element) mechanically engageable with a
respective snap element 50A or 50B (first fastening element). 3 Of
particular significance, is the circumstance that the outer
stretchable cover material 12 of Wilson has a stretchability of
?from about 20 percent to about 200 percent ? (column 9, lines 47
3 Wilson indicates (column 6, lines 20 through 25) that disposal of a
soiled garment is easily accomplished by folding the front panel 28 inwardly
and fastening the rear pair of mating fastener members 42,44 to one another.
5
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