Appeal No. 1998-2818
Application 08/550,521
materials, suggestion being found in the self evident
advantage of more easily adapting each of these components to
its intended purpose (e.g., stretchability of side panels
versus liquid permeability of the topsheet).
Claim 1 additionally requires that the ends of the first
and second elastic members provided in the diaper terminate
within the diaper body. This construction is shown in Buell,
wherein the diaper may have elastomeric members 76 and
resilient members 77 in the area around the waist opening that
terminal short of the elasticized side panels 30. In our
opinion, it would follow from both the teachings of Buell and
as a matter of common sense that the elastic members 9a, 9b of
Uni-Charm and/or the elastic members 10, 14 of Kao should be
terminated within the body of the diaper upon forming the side
panels of the primary references separately from the body in
order to more easily adapt each of the diaper components to
its intended purpose.
In light of the above, we will sustain the examiner’s
rejection of claim 1 as being unpatentable over Uni-Charm or
Kao in view of Buell.
Appellant’s argument (brief, pages 15-19) directed to the
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