Appeal No. 1997-4264
Application No. 08/421,131
Accordingly, we will not sustain the standing 35 U.S.C.
§ 112, first paragraph, rejection of claims 1 through 24.
Rejection (2)
We begin with the examiner's rejection of independent
claims 1, 11 and 17. Claim 1 calls for a containment flap
comprising, inter alia, at least one elastomeric thread and a
barrier layer which is stitched with said at least one
elastomeric thread adjacent an edge of the containment flap
wherein said edge is rendered elastically contractible by said
at least one elastomeric thread. Claim 11 contains the same
language in combination with absorbent article structure.
Claim 17 sets forth 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.
The examiner describes Lawson as teaching all the claimed
subject matter, except for the barrier layer being stitched by
an elastomeric thread. Van Vliet, Burger and Zafiroglu '169
8
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