Appeal No. 1998-2519
Application No. 08/167,692
the prior art relied on. See MPEP § 1208, p. 1200-17, item
10(c) and (e)(July 1998). Nevertheless, it appears that the
issue involved here is whether Widlund discloses the following
underlined limitations recited in the last paragraph of claim
1:
a tummy band formed of an elastic
material adapted to stretch in a first
direction and a second direction
substantially perpendicular to the first
direction, the tummy band operatively
joined to the outer cover adjacent at least
a portion of one of the waist region, the
tummy band elastically connecting one end
of the absorbent assembly and the outer
cover, the first direction being generally
parallel to the longitudinal axis of the
absorbent assembly.
The examiner seems to take the position that the
underlined limitations are readable on the regions 29, 30 of
Widlund, even though those regions are disclosed as being
essentially stretchable only in the transverse direction (page
14, lines 26 to 29; page 15, lines 4 to 8), because the
elastic threads 26 therein
can also stretch at an angle about the
child that is 45 degrees below a datum line
3
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