Ex parte KIELPIKOWSKI - Page 10




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


          an elastic fabric made by the process for use in elasticized                
          portions of diapers, cuffs, waistbands, bandages, and the like              
          (brief, page 7).  Appellant argues, inter alia, that the                    
          applied prior art teaches, at best, using the stitch-bonded                 
          elastic fabric taught                                                       
          by Zafiroglu '421 as the elastic spacing members (77) in                    
          Lawson and using adhesive, sonic bonding, thermal bonding or                
          conventional (i.e., non-elastic) thread to secure the stitch-               
          bonded elastic fabric taught by Zafiroglu '421 to the distal                
          ends                                                                        
          of Lawson's barrier cuffs.  Thus, in appellant's view, the                  
          prior art fails to teach or suggest a containment flap having               
          a distal                                                                    




          end or unattached edge which is stitched with an elastomeric                
          thread to render the flap contractible or gatherable (id. at                
          8).                                                                         
               Based on our review of Zafiroglu '421, we find that the                
          reference teaches using an elastic stitch-bonded fabric as the              
          elasticized portion of a diaper, cuff, waistband, bandage, and              
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