Ex parte KLING et al. - Page 10




          Appeal No. 2000-0855                                                        
          Application No. 08/597,377                                                  


          We disagree.                                                                




               Proxmire teaches an elastomeric nonwoven laminar fabric                
          strips or elastic structure comprising an elastomeric carrier               
          sheet 110, i.e., an elastic band, provided with a plurality of              
          apertures 120 (Fig. 18) through which the facing sheets 112,                
          114 (corresponding to the claimed material layers) on opposite              
          sides of the carrier sheet 110 are joined together with the                 
          elastic band being held mechanically between the facing                     
          sheets.  It is also apparent to the members of this panel that              
          after the carrier sheet 110 has been laminated or bonded to                 
          the facing sheets 112, 114 at the apertures 120, the sheet 110              
          is, at least to some degree, movable relative to the facing                 
          sheets 112, 114, e.g., a portion of the facing sheet 112                    
          located between apertures shown in the unstretched state in                 
          Fig. 16 may be moved side-to-side or away from the carrier                  
          sheet 110.  Neither claim 4 nor claim 11 requires that the                  
          elastic band be movable relative to the material layers at the              
          locations where the material layers are joined to one another               
          as the appellants seem to suggest.  Further, neither claim 4                
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