Ex Parte Olson et al - Page 2



          Appeal No. 2005-2330                                                         
          Application No. 10/026,123                                                   

                               APPEALED SUBJECT MATTER                                 
               The subject matter on appeal is directed to a method of                 
          making an undergarment having “refastenable side seams”.  See the            
          specification, page 1.  Details of the appealed subject matter               
          are recited in representative claims 1, 3, 4 through 6, 8 and 9,             
          which are reproduced below2:                                                 
               1. Method of making an undergarment having refastenable                 
               side seams from a substantially two-dimensional web, the web            
               having two longitudinal sides and a first lateral edge                  
               extending perpendicularly to the longitudinal sides, the                
               method comprising the steps of:                                         
               preconditioning the web to include at least four                        
               refastening surfaces;                                                   
                    transporting the web in a processing direction;                    
               cutting the web along a second lateral edge to form a                   
               two-dimensional pre-form that includes the first and the                
               second lateral edges and the two longitudinal edges; each               
               longitudinal edge having two waist sections and a crotch                
               section located intermediate the waist sections, the                    
               refastening surfaces are located adjacent and inboard on the            
               waist sections;                                                         

               2 According to the appellants’(Brief, page 10), the claims              
          on appeal as follows:                                                        
          Group I - Claims 1-3, 7, 11-14 and 20;                                       
          Group II - Claims 4, 15, 16;                                                 
          Group III - Claims 5, 17 and 18;                                             
          Group IV - Claims 6 and 19;                                                  
          Group V - Claim 8; and                                                       
          Group VI claims 9, 10 and 21-23.                                             
          Therefore, for purposes of this appeal, we select claims 1, 4,               
          5, 6, 8 and 9 and determine the propriety of the examiner’s                  
          Section 103 rejections set forth in the Answer based on these                
          claims alone.  In re McDaniel, 293 F.3d 1379, 1384, 63 USPQ2d                
          1462, 1465-66 (Fed. Cir. 2002).                                              
                                          2                                            




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