Ex parte KATO et al. - Page 3




          Appeal No. 1998-2817                                                        
          Application No. 08/455,366                                                  


          and placed on a respective nonwoven web length, with the ends               
          of the elastic members being joined to the ends of their                    
          respective nonwoven web length.3  Each nonwoven web length is               
          then C-folded over its respective elastic member.  The two                  
          resulting composites, comprising an elastic member and a                    
          nonwoven web length, are joined at their ends to form a                     
          closed-loop elastic waistband with the elastic member being                 
          freely movable within the sleeve between their ends.                        
               The second embodiment (hereinafter referred to as                      
          “Embodiment 2”) is described (specification, p. 31) as                      
               . . . similar to Embodiment 1, except that in                          
               Embodiment 2 the elastic member is selectively                         
               intermittently joined to the elongate sleeve member.                   
               The intermittent pattern of joining is a pattern of                    
               1.27 centimeter (0.5 inch) wide adhesive zones                         
               separated by 1.27 centimeter wide zones with no                        
               adhesive.                                                              
               The claims on appeal are directed to a disposal absorbent              
          pant including a closed loop waist elastic system (claims 19,               


          polypropylene fibers to about 50 percent polyethylene fibers and having a   
          basis weight of about 17 gm2.  Specification, p. 12.                        
               3 The description of the relaxed circumferential length of the         
          closed-loop elastic waistband as being “about 73.66 centimeters (29 inches)”
          (p. 13, ll. 16-17) is believed to be a mistake, since it is inconsistent with
          the elastic members being extended about 36.83 cm when placed on the nonwoven
          webs. See, also, footnote 1, supra.                                         
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