Appeal No. 95-3512
Application 08/092,540
McConnell discloses a diaper retaining garment “for
retaining a diaper, generally of the disposable type, in position
adjacent the perineal region of a wearer” (column 1, lines 21
through 28). The garment consists of a generally rectangular
sheet of flexible polymeric cellular material having snap
fasteners secured at its four corners. Folded about the side and
end edges of the sheet are an elastic strip 21 and an overlying
outer strip 22 which is preferably made of a woven fabric or
scrim. The purpose of the outer strip 22 is “to prevent contact
of the wearer with the elastic material forming strip 21"
(column 3, lines 32 and 33).
In explaining the rejection on appeal, the examiner states
that:
Gilles discloses the invention substantially as
claimed with at least two body portion layers (42, 44,
46, 48, and 50) that include a liquid absorbent layer
and soft absorbent padding members (54, 56, and 70)
formed of cloth along the leg portions and at least one
of the waistband portions, however, Gilles does not
teach the padding at the waistband to extend around
from the inside to the outside and one of the layers to
include plastic.
McConnell teaches it is old and well known within
the art to those of ordinary skill in that art to
provide padding (22) that is of absorbent cloth
extending around from the inside to the outside of the
waistband (lines 30-39 of column 3).
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