Appeal No. 2002-0913
Application No. 09/107,643
In the present instance, the examiner has concluded that
there is no descriptive support in the ‘681 design application4
for the requirement of independent claims 7, 8, 11, 21 and 31
that the body portion of the disposable diaper comprises “a
plastic layer,” or the requirement of independent claim 7 calling
for a “soft padding member” located along a waistband portion, or
the requirement of independent claim 8 calling for “a strip non-
abrasive material” located along a waistband portion. We agree.
Simply put, there is no basis in the disclosure of the ‘681
design application for concluding that the disposable diaper
disclosed therein possesses the features noted by the examiner.
We also consider that there are a number of other
limitations set forth in the appealed claims for which this is no
descriptive support in the ‘681 design application. These
include the requirement that the padding member of claim 7 and
the strip of claim 8 are “distinct from all of said body-portion
layer[s],” the requirement of claim 11 that the horizontally
oriented strip located at the edge of the waistband is “distinct
from the top and bottom sheets,” and the requirement of claim 21
4
4The drawing figures of the ‘681 design application are
included as an attachment to this decision.
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