Ex Parte Richlen et al - Page 4

              Appeal 2007-1323                                                                     
              Application 10/032,701                                                               
              extending across at least a portion thereof.  The Specification defines the          
              term “line of weakness” as                                                           
                    any region or area of weakened material, preferably having a                   
                    length and which may or may not have a defined width, and can                  
                    include linear and non-linear patterns. . . .  The line of weakness            
                    can include a perforation or other series of cuts, a thinning, or              
                    breakage or separation of material . . . that is more easily torn or           
                    broken than the adjacent portions. . . .                                       
              (Id. at 7)  Appellants’ specification discloses that the “garment provides a         
              simple and convenient way to convert a pant-type garment into an open                
              product simply by providing a line of weakness that has sufficiently low             
              tensile and tear strengths, so as to allow the user to break the garment along       
              the line of weakness without undue effort” (Specification 2).  The claims            
              require, inter alia, the body panel to have a specific tear strength along the       
              line of weakness.                                                                    
                    The Examiner finds that Igaue teaches all of the claimed limitations           
              except for the specific tear strength (Answer 4).  Igaue teaches a disposable        
              diaper, an absorbent garment within the scope of Appellants’ claimed                 
              invention (Igaue 1).  Igaue’s diaper comprises cutting lines extending across        
              at least a portion of the body panel of the diaper (Igaue 3).  Igaue teaches         
              that the cutting lines are formed by intermittent cuts or perforations (Igaue        
              3).  According to Igaue, the front body of the diaper may be torn off from           
              the rear body along the cutting lines allowing the diaper to be easily               
              removed from the wearer (Igaue 10-11).                                               
                    In sum, we find that Igaue teaches an absorbent garment (a diaper)             
              comprising a body panel having a line of weakness extending across at least          



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