Appeal No. 2000-0117 Page 19
Application No. 08/770,676
distinct because the claim recites “an aperture in the top
sheet” to create “a pocket-like structure into which waste
material may be disposed and retained” (brief, page 28).
However, as noted by the examiner, both DesMarais and UniCharm
disclose an aperture in the top sheet for the explicit purpose
of collecting waste (see Figure 1 in DesMarais and Figure 4 in
UniCharm). Although appellants’ argument is focused on a
limitation not present in either claims 8 or 9, i.e., the
pocket-like structure into which waste may be disposed, we
note that DesMarais does disclose this feature. Appellants 5
further argue that claim 9 requires “that the elastics extend
above the absorbent core and be attached to the top sheet”
(brief, page 29, footnote). However, as previously noted,
this limitation is not present in claim 9. Moreover,
independent claim 8, from which claim 9 depends, also does not
recite that the elastic members extend above the absorbent
core. The claim states that the elastic members around the
leg holes are attached to the top sheet. As we stated
5See Figure 3, which discloses a pocket (30) for
collecting and retaining waste that passes through the
aperture (26) wherein the pocket is created by the elastic
members (28, 32) located in the top sheet (18).
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