Ex parte VANGOMPEL et al. - Page 6




                 Appeal No. 98-1314                                                                                                                     
                 Application No. 08/421,640                                                                                                             


                 pages 6 and 32).   The appellants reference page 3 of the3                                                                                                         
                 specification as support for the notion that the specification                                                                         
                 establishes the particular configuration of the leading region                                                                         
                 of the securing means to be an "aspect" that contributes to                                                                            
                 the "distinctive advantages" afforded by the invention.  Page                                                                          
                 3, however, merely broadly refers to "various aspects" of                                                                              
                 invention providing advantages such as a "neat appearance,"                                                                            
                 "dynamic fit," "improved fit," "improved securement with fewer                                                                         
                 pop-opens," "greater comfort," "reduced irritation," and                                                                               
                 "reduced irritation and reduced red marking of the wearer's                                                                            
                 skin."  The referred to "various aspects" and the noted                                                                                
                 advantages, however, are immediately preceded by a description                                                                         
                 of the invention which makes no reference whatsoever to the                                                                            
                 substantially T-shaped configuration of the leading region of                                                                          
                 the securing means.  Instead, this description of the                                                                                  
                 invention concentrates on the fastening tab being provided                                                                             


                          3If the provision of the leading region of the securing                                                                       
                 means being "substantially T-shaped" and having a "narrowed                                                                            
                 medial region" were such a vital part of the appellants'                                                                               
                 invention, it seems strange to us that all mention of its                                                                              
                 importance was omitted from the original description.  See                                                                             
                 Graham v. John Deere Co., 383 U.S. 1, 24-26, 148 USPQ 459,                                                                             
                 469-470 (1966).                                                                                                                        
                                                                           6                                                                            





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