Appeal No. 1998-2519
Application No. 08/167,692
includes, the claimed limitations. Atlas Powder Co. v. IRECO
Inc., 190 F.3d 1342, 1347, 51 USPQ2d 1943, 1946-47 (Fed. Cir.
1999). Here, it is not apparent to us that an elastically
stretchable film as disclosed by Widlund would necessarily be
stretchable in two substantially perpendicular directions, and
in fact Widlund would tend to indicate that the disclosed film
is not, because, after disclosing suitable materials for the
film on page 15, lines 1
to 4, Widlund states in lines 4 to 8 that:
A similar elastically stretchable material
may also be disposed so that the
elastically stretchable regions 29, 30 are
essentially stretchable solely in the
transverse direction of the diaper.
Accordingly, we conclude that claim 1, and claim 2
dependent thereon, are not anticipated by Widlund.
Independent claim 4 contains limitations which are the
same as those underlined in the above-quoted last paragraph of
claim 1, and is not anticipated by Widlund for the same
reasons as are applicable to claim 1. Dependent claims 5 to 7
are likewise not anticipated.
Independent claims 8 and 13 recite, inter alia, that the
claimed suspension member or members are “adapted to stretch
6
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