Ex parte NOMURA et al. - Page 11




          Appeal No. 99-0920                                                          
          Application No. 08/629,323                                                  

               In our study of the original specification disclosure, we              
          find nothing and the appellants point to nothing which would                
          reasonably convey to an artisan that the appellants had                     
          possession on the filing date of adhesive zone shapes other                 
          than those which are like or form a ring, which is to say                   
          annular shapes.  More specifically, this disclosure would not               
          reasonably convey shapes which are curvilinear but not                      
          annular, that is, shapes which are “characterized by curved                 
          lines” but not “like or forming a ring”.  Indeed, it is                     
          questionable whether shapes which are “characterized by curved              
          lines” but not “like or forming a ring” would be even capable               
          of achieving the function performed by this aspect of the                   
          appellants’ invention (i.e., underpant leg-holes formed via                 
          adhesive zones with elastic members bonded thereto).                        
          Certainly, the appellants do not point to and we do no                      
          independently find any portion of the originally filed                      
          disclosure which would reasonably convey possession of                      
          “curvilinear adhesive                                                       
          zones” which are “characterized by curved lines” but not                    
          “[s]haped like or forming a ring” and which are capable of                  
          achieving the function in question.                                         

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