Appeal No. 97-2597
Application 08/176,056
consideration under 37 CFR § 1.142(b) as not being readable in
the elected invention. An amendment filed subsequent to the
final rejection has not been entered. See the advisory letter
mailed May 28, 1996 (Paper No. 18).
Appellants’ invention pertains to an elasticized
disposable training pant. An understanding of the invention
can be derived from a reading of independent claim 29, a copy
of which is found in an appendix to appellants’ brief.
The references of record relied upon by the examiner in
support of rejections under 35 U.S.C. § 103 are:
Wolf 2,522,421 Sep. 12, 1950
Miller 2,564,369 Aug. 14, 1951
Boland et al. (Boland) 4,747,846 May 31, 1988
Proxmire 4,936,840 Jun. 26, 1990
Claims 29-32 stand rejected under 35 U.S.C. § 112, second
paragraph, as being indefinite.
Claim 29 stands rejected under 35 U.S.C. § 103 as being
unpatentable over Boland in view of Proxmire.
Claims 30-32 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Boland in view of Proxmire as applied
in the rejection of claim 29, and further in view of Wolf and
Miller.
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