Ex parte ALLEN et al. - Page 5




                     Appeal No. 97-2597                                                                                                                                                
                     Application 08/176,056                                                                                                                                            


                                Boland, the primary reference, pertains to a stretchable                                                                                               
                     disposable absorbent undergarment.  With reference to Figures                                                                                                     
                     6A and 7, the Boland undergarment comprises a outer cover 12                                                                                                      
                     having a stretchability of from about 20% to about 200% in the                                                                                                    
                     cross-body direction 41 (column 8, lines 46-50).  The outer                                                                                                       
                     cover is configured to have front 28 and rear 30 panels                                                                                                           
                     separated from one another by a crotch section 16.  Superposed                                                                                                    
                     on the bodyside surface of the front and rear panels and the                                                                                                      
                     crotch section is an absorbent structure 32.  The absorbent                                                                                                       
                     structure comprises a liquid-permeable bodyside liner 34, a                                                                                                       
                     liquid-impermeable barrier 36, and an absorbent core 30                                                                                                           
                     disposed therebetween.  Proxmire, the secondary reference,                                                                                                        
                     discloses a stretchable disposable absorbent undergarment that                                                                                                    
                     is similar to Boland’s undergarment.  For example, compare                                                                                                        
                     Figures 6A and 7 of Boland with Figures 10A and 11 of                                                                                                             
                     Proxmire.2                                                                                                                                                        


                                2With respect to the outer cover 12 of Proxmire’s                                                                                                      
                     undergarment, we appreciate that Proxmire at column 22, line                                                                                                      
                     42 through column 23, line 2, incorporates by reference the                                                                                                       
                     disclosure of US application Serial No. 919,901 to Kieffer                                                                                                        
                     (now U.S. Patent No. 5,299,695) and indicates that the outer                                                                                                      
                     cover may also be made of the resiliently stretchable material                                                                                                    
                     disclosed in the Kieffer patent.                                                                                                                                  
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