Appeal No. 97-2963 Page 8
Application No. 08/284,728
assumption or hindsight reconstruction to supply deficiencies in
the factual basis for the rejection. See In re Warner, 379 F.2d
1011, 1017, 154 USPQ 173, 177 (CCPA 1967), cert. denied, 389 U.S.
1057 (1968).
Lippert teaches a diaper having a centrally located
elasticized panel positioned along the edge of the front and/or
rear waistband portions of the diaper. As shown in Figure 1,
elastic members 44 and 44a are secured to the end margins 34 to
gather and shirr the waistbands of the diaper. Lippert discloses
(column 3, lines 17-22) that the elastic member 44 can be
connected to either the inner or outer surface of the backsheet
12. Lippert also teaches (column 6, lines 33-67) that the
elastic member 44 is composed of an elastomeric, cloth-like,
nonwoven fibrous material, such as an elastomeric stretch-bonded
laminate or individual discrete strips of elastomeric material
secured to one or more nonwoven fibrous layers.
The appellants argue (brief, pp. 12-15) that Lippert does not
disclose or suggest an absorbent article having "an outermost
fibrous layer of substantially nonwettable, resilient, non-
elastomeric material" connected to overlie the polymer film of the
outer cover and having a substantially ungathered front waistband.
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