Appeal No. 98-2787 Application 08/554,640 would perform equally well with the positioning of the elastics of Roessler et al.” Rather than further reiterate the examiner's position on the above rejection and the conflicting viewpoints advanced by the examiner and appellants regarding the rejection, we refer to pages 3 and 4 of the examiner's answer (Paper No. 13) and to pages 8 through 16 of appellants’ brief (Paper No. 12) for the full exposition thereof. OPINION In reviewing the obviousness issue raised in this appeal, we have carefully considered appellants’ specification and claims, the applied references, and the respective viewpoints advanced by appellants and the examiner. As a consequence of our review, we have come to the conclusion, for the reasons which follow, that the examiner's rejection of the appealed claims is not well founded, and that the evidence relied upon by the examiner does not support a conclusion of obviousness with respect to the subject matter of claims 1 through 20 on appeal. 4Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007