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. 5Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007