Ex parte KIELPIKOWSKI - Page 2




          Appeal No. 1997-4264                                                        
          Application No. 08/421,131                                                  


          pending in this application.                                                
               We AFFIRM-IN-PART.                                                     


               The appellant's invention relates to an absorbent                      
          article, such as, a disposable diaper, having a pair of                     
          containment flaps (10) to improve the lateral containment of                
          body exudates.  Specifically, appellant's containment flaps                 
          include a barrier layer (20) which is stitched with from 1 to               
          10 elastomeric threads (22) (specification, pages 7 and 8).                 
          Appellant's claims are directed to a containment flap (claims               
          1 through 10 and 21 through 24), to an absorbent article                    
          including a pair of containment flaps (claims 11 through 16)                
          and to a method of making an absorbent article including the                
          steps of providing a pair of barrier layers and stitching each              
          barrier layer with at least one elastomeric thread to form a                
          pair of containment flaps (claims 17 through 20).  A more                   
          complete understanding of the invention can be derived from a               
          reading of exemplary claims 1, 11 and 17, which appear in the               
          appendix to appellant's "Response" filed May 27, 1998 (Paper                
          No. 15).                                                                    
               The prior art references of record relied upon by the                  
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