Ex parte SUPRISE et al. - Page 5




          Appeal No. 96-3313                                                          
          Application 08/148,101                                                      


               article is worn by a “thin” baby (where the                            
               attachment points will be located farther away from                    
               the transverse axis of the article (see figures 4B                     
               and 6 [sic: 5?]).                                                      
          Appellants, on the other hand, contend (brief, page 4):                     
               the wide range of wearer size assumed by the                           
               Examiner is not accurate.  If a given diaper is                        
               designed so that fastening occurs on the front of                      
               the diaper, fastening will occur on the front of the                   
               diaper across the range of wearer sizes for which                      
               that specific diaper is designed.  It is not a “one                    
               size fits all” situation.  Specific diapers are                        
               intended to be used on specifically sized wearers.                     
               We do not agree with the examiner that the above-quoted                
          limitations are anticipated by Roessler.  In the Roessler                   
          diaper, the attachment means consist of hook portions 28 on                 
          the tabs 27 at the rear of the diaper, and a patch 21 of loop               
          material across the front of the diaper; the attachment points              
          will be where the hooks of portions 28 engage the loops of                  
          patch 21.  Since patch 21 is at the front of the diaper, the                
          attachment points will therefore be at that location also,                  
          i.e., ahead of the transverse center plane of the diaper.                   
          Clearly, the location of the attachment point will vary                     
          somewhat depending on whether the wearer (baby) has a larger                
          or smaller waist than average.  The only possible scenario in               
          which the attachment points would be behind the transverse                  
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