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