Ex Parte Tange - Page 4



          Appeal No. 2005-0958                                                        
          Application No. 09/944,477                                                  

          columns 1 and 2.  Referring to one of the embodiments, Ness                 
          teaches (column 2, lines 17-27) that:                                       
               In another embodiment of the process of the present                    
               invention, a partially stretched elastic member is                     
               intermittently bonded to a substrate which, prior to                   
               stretching, is less easily extensible than the elastic                 
               member to form an elastic composite, and thereafter                    
               stretching selected areas of the composite to a                        
               selected degree.  The composite may be incorporated                    
               into garments or bandages during manufacture and may be                
               selectably [sic, selectively] stretched prior to                       
               wearing or while worn.1                                                
          The examiner acknowledges that Ness does not teach, inter alia,             
          forming a composite sheet having “individual thermoplastic fibers           
          of the second web . . . neither fused nor mechanically entangled            
          tightly with each other between discrete areas where the first              
          and second webs are joined together . . . , ” after it is                   
          stretched and retracted.  See the Answer, pages 9-12.                       
               To remedy this and other deficiencies in Ness, the examiner            
          relies on the disclosure of Sisson.2  See the Answer in its                 
          entirety.  The examiner alleges that Sisson teaches, inter alia,            

               1 The examiner has not referred to any specific columns and            
          lines in Ness, which are said to teach retracting the composite             
          after its stretching.                                                       
               2 Austin is not relied upon to show a composite sheet having           
          “individual thermoplastic fibers of the second web . . . neither            
          fused nor mechanically entangled tightly with each other between            
          discrete areas where the first and second webs are joined                   
          together . . . . ”  See the Answer, pages 8-12                              
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