Ex parte ALLISON-RODGERS - Page 2




          Appeal No. 97-3008                                                           
          Application 08/211,222                                                       


               The appellant’s invention pertains to a garment that is                 
          utilized in conjunction with separate sanitary napkins or                    
          disposable pads that are particularly adapted for babies and                 
          incontinent adults.  Of particular importance is the provision of            
          an elasticized dart extending at least partially along each side             
          of the garment for the purpose of forming upstanding wet guards,             
          thus minimizing leakage of body fluids.  Independent claim 1 is              
          further illustrative of the appealed subject matter and a copy               
          thereof may be found in the appendix to the appellant’s brief.               
               The references relied on by the examiner are:                           
          Toussant et al.  (Toussant)   4,699,622       Oct. 13, 1987                  
          Holliday et al.  (Holliday)   4,978,345       Dec. 18, 1990                  
          Merica                        790,062         Feb. 05, 1958                  
          (Great Britain)                                                              
          Gubik et al.22(Gubik)         1,070,779       Dec. 10, 1959                  
          (Germany)                                                                    
               Claims 1, 2 and 4-6 stand rejected under 35 U.S.C. § 103 as             
          being unpatentable over Merica in view of Gubik.                             
               Claim 7 is rejected under 35 U.S.C. § 103 as being                      
          unpatentable over Merica in view of Gubik and Toussant.                      
               Claim 8 stands rejected under 35 U.S.C. § 103 as being                  
          unpatentable over Merica in view of Gubik, Toussant and Holliday.            


               2Translation attached.                                                  
                                           2                                           





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