Appeal No. 95-3512
Application 08/092,540
The invention relates to “a disposable diaper having a
padded waistband and legholes” (specification, page 1). Claim 26
is illustrative and reads as follows:
26. A disposable diaper comprising:
a body portion having two enlarged end portions and a
narrowed intermediate portion therebetween, the body portion
being shaped so that said diaper may extend about a waist and
crotch of a wearer and have an inside and an outside with respect
to the wearer;
each end portion having a respective waistband portion at an
edge thereof so that when the diaper is worn, the waistband
portions gird the waist of the wearer;
at least two body-portion layers including a layer of
liquid-absorbent material and a plastic layer having an edge at
the edge of the diaper;
a soft padding member located along at least one of said
waistband portions, being adjacent to said plastic layer edge,
the soft padding member being distinct from all of said body-
portion layer, the soft padding member including a material
formed from a soft substance presenting a soft surface along at
least a portion of said inside of the diaper waistband portion
despite said plastic layer edge.
The references relied upon by the examiner as evidence of
obviousness are:
McConnell et al. (McConnell) 3,461,872 Aug. 19, 1969
Gilles 4,728,326 Mar. 1, 1988
(filed Jan. 2, 1986)
Claims 26 through 39 and 41 stand rejected under 35 U.S.C.
§ 103 as being unpatentable over Gilles in view of McConnell.
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