Appeal No. 1997-4264
Application No. 08/421,131
Rejection (3)
We have also carefully reviewed the Zafiroglu '238
reference additionally relied upon by the examiner in support
of the rejection of claim 5, but find nothing therein that
makes up for the deficiencies of Lawson, Van Vliet, Burger,
Zafiroglu '169 and Zafiroglu '421 noted above. It follows
that the standing § 103 rejection of claim 5, dependent on
claim 1, as being unpatentable over Lawson, Van Vliet, Burger,
Zafiroglu '169, Zafiroglu '421 and Zafiroglu '238 cannot be
sustained.
Rejection (4)
With respect to this ground of rejection, appellant has
indicated that claims 1 and 21 through 24 stand or fall
together (brief, page 4). Accordingly, we select independent
claim 1 for review. As to claims 21 through 24, they will
stand or fall with selected claim 1. 37 CFR § 1.193(c)(7).
Appellant argues that the disposable undergarment
described in Greene is not an absorbent article and that
Greene neither
teaches nor suggests the use of an elastomeric thread to
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