Appeal 2007-0784
Application 10/304,239
correspond to the elastic axis of adhesive 23. Rather, in accordance with
Appellants’ definition, the elastic axis of the adhesive 23 loops shown in
figure 3 of Mishima extends transversally of the longitudinal axis of
Patentee’s diaper 1 (para. bridging col. 3-4). As a consequence of this
transverse extension, adhesive 23 unquestionably does not extend “generally
longitudinally of the substrate along an elastic axis of said elastic member”
as required by
claim 1.
For the above-stated reasons, we cannot sustain the Examiner’s § 102
rejection of independent claim 1 or of claims 2, 3, 9, and 12 which depend
therefrom as being anticipated by Mishima.
INDEPENDENT CLAIM 46
Appellants argue that the securement path of Mishima’s adhesive 23
is straight and, therefore, does not satisfy the “crooked securement path”
requirement of claim 46 (Appeal Br. 10). In response to this argument, the
Examiner finds that the securement path of adhesive 23 becomes crooked or
non-linear during use when the diaper side tab portions on which adhesive
23 is disposed “are applied in a circumferential fashion around a user’s
waist” (Answer 8). In reply, Appellants argue that:
[A]s recited in claim 46 and set forth in the present
specification, the ”crooked securement path” clearly refers to
the relationship between the elastic member and the path along
which the elastic member is secured to the substrate [and] is
therefore independent of whether the substrate itself is straight
when not worn or curved when worn.
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