Appeal No. 1997-4264
Application No. 08/421,131
stitching
the distal edge with the elastomeric thread, the "flap 10
tends to contract or gather and position itself in a spaced
relation
away from the bodyside liner 40 toward a generally upright and
approximately perpendicular configuration" (page 12).
Obviously, the material taught by Greene also has a length
(see Figure 2) and opposite edges, such as the opposite edges
shown in Figure 2 which eventually form the waist portion
(24). At least one of
Greene's opposite edges is stitched with an elastomeric thread
adjacent the edge. The fabric taught by Greene is capable of
being used as a containment flap and whether Greene's material
actually is, or might be, used in such a manner depends upon
the performance or nonperformance of a future act of use,
rather than a structural distinction in the claims.2
2Along the same line, we note that: [1] appellant's specification
describes spunbond polypropylene as a suitable material for the barrier layer
(page 6) and spandex elastomeric thread, e.g.,LycraŽ thread, as a suitable
material for the "at least one elastomeric thread" (page 8) and [2] Zafiroglu
14
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