Appeal No. 96-3313
Application 08/148,101
center plane of the Roessler diaper would be if the baby's
waist were so large (the baby was so “fat”) that the hook
portions 28 of the tabs 27 could not reach past the transverse
plane T. However, it would appear that in that case, given
the location of loop patch 21, the hook portions 28 would not
be able to reach the patch 21 and there would be no attachment
points at all.
With regard to the question of obviousness, we find no
teaching in Roessler which would have suggested to one of
ordinary skill in the art that the disclosed Roessler diaper
be modified in such a manner as to meet the above-discussed
limitations. While we do note that at column 5, lines 22 to
29, Roessler states that “the garment may be constructed for
encircling the waist in the reverse order,” this language is
not cited or discussed by either appellants or the examiner,
and its meaning is somewhat obscure. We therefore conclude
that claims 1, 16 and 27 would not have been obvious over
Roessler.
Accordingly, the rejection under 35 U.S.C. 102(e) or 103
of claims 1, 16 and 27, and likewise of dependent claims 2 to
5, 9, 11, 17 to 20, 24, 26, 28 and 33, will not be sustained.
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