Appeal No. 1998-2817
Application No. 08/455,366
and a pair of leg openings” in the preamble of claim 1 “as
utilizing fastening tabs. Therefore, Weil is interpreted as
having a ‘closed-loop waist elastic system.’”
The appellants argue that
Weil simply does not disclose the same structure as
the present invention, in that Weil refers to a
diaper that utilizes refastenable tape tabs, while
the present invention relates to a training pant
having a closed-loop waist opening and leg openings.
The specification of the present invention clearly
is directed toward pant-like garments that have a
full, i.e., 360 degree, waistband and not to flat,
diaper-like garments that utilize refastenable tape
tabs for adjusting the fit.
Brief, p. 10.
We note the following description at page 9 of the
appellants’ specification
With reference to FIG. 1, a disposable absorbent
training pant 20 comprises a chassis 22 including a
front panel 24, a back panel 26, a crotch panel 28,
a waist opening 30, and a pair of leg openings 32.
Openings 30, 32 are formed by selectively joining
portions of front panel 24 and back panel 26 at side
seams 34, which extend between waist opening 30 and
a respective leg opening 32. Each side seam 34 can
be formed in any suitable manner, such as by
ultrasonic bonding, thermal bonding, adhesive
bonding, or the like. A waist border 36 peripherally
surrounds waist opening 30, and is formed upon
joining front panel 24 and back panel 26 at seams
15
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