Ex parte POPP et al. - Page 5




          Appeal No. 97-0937                                                          
          Application No. 08/054,508                                                  


          (Figures 5 and 7), so that they do not tend to fold downwardly              
          as the article is donned, as was the case in the prior art                  
          (Figure 4).  In the Enloe article, the containment flaps are                
          not “in a transversely foreshortened state” in accordance with              
          the meaning established for this terminology in the                         
          specification, as can be seen in Figure 1 of the Enloe                      
          drawings.                                                                   
               The examiner apparently looks to Igaue for the above-                  
          described feature.  Igaue’s disposable article comprises a                  
          waste containment section 11 which is flanked by a pair of                  
          upstanding flaps 17 (Figures 2 and 4).  The upper edge of each              
          flap has a fold over its entire length to accommodate elastic               
          bands 22 (Figure 4).  From our perspective, the Igaue flaps                 
          also are not “in a transversely foreshortened state,” in                    
          accordance with the interpretation that is established in the               
          appellants’ specification.                                                  
               Freeland has been applied by the examiner for its                      
          teaching of utilizing flap elastic having the specifications                
          recited in claim 46.  Be that as it may, this reference fails               
          to overcome the deficiency in the basic combination.                        


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