Appeal No. 1998-2519
Application No. 08/167,692
“longitudinally spaced,” the longitudinal axis of the
absorbent assembly must extend from the end connected to the
tummy band to the other end of the assembly; in the Widlund
device, this would be from end 22 to end 23, or approximately
along line II - II of Fig. 1. The elastic material 26 of
Widlund’s tummy band 29 or 30 does not stretch generally
parallel to this axis, and therefore does not meet claim 1.
On pages 3 and 4 of the answer, the examiner
alternatively argues that the elastic film disclosed by
Widlund at page 14, line 30 et seq., would satisfy the
bidirectional stretch limitation.
In order to anticipate a claim, a reference must disclose
every limitation of the claimed invention, either explicitly
or inherently. In re Schreiber, 128 F.3d 1473, 1477, 44
USPQ2d 1429, 1431 (Fed. Cir. 1997). In this case, Widlund
does not explicitly disclose that the “elastically stretchable
film” is stretchable in two, substantially perpendicular
directions, and therefore claim 1 is not anticipated unless
this property would be inherent.
A prior art reference does not anticipate by inherency
unless it necessarily functions in accordance with, or
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