Ex parte ALLISON-RODGERS - Page 6




          Appeal No. 97-3008                                                           
          Application 08/211,222                                                       


          either Merica or Gubik which would either teach or suggest such a            


          dart.  In Merica the pleats B, B’ are simply stitched along a                
          line generally parallel to the fold line along the entire length             
          thereof in such a manner that the pleats lie flat.  In Gubik a               
          length of material is pleated and folded along a generally                   
          longitudinal fold line and a narrow length of elastic material               
          (e.g., 4c and 4d) is placed over the pleated and folded material             
          and stitched thereto along the entire length of the fold line.               
               With respect to claims 7 and 8, we have carefully reviewed              
          the teachings of Toussant and Holliday but find nothing therein              
          which would overcome the deficiencies of Merica and Gubik which              
          we have noted above.                                                         
               The examiner’s rejections of claims 1, 2 and 4-8 are                    
          reversed.                                                                    
                                       REVERSED                                        



                    IRWIN CHARLES COHEN          )                                     
                    Administrative Patent Judge  )                                     
                                                   )                                   
                                                   )                                   
                                                   )   BOARD OF PATENT                 
                    JAMES M. MEISTER             )     APPEALS AND                     
                    Administrative Patent Judge  )    INTERFERENCES                    

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