Appeal No. 98-2787
Application 08/554,640
In evaluating the examiner’s rejection of claims 1
through 20 under 35 U.S.C. § 103, we observe that the Roessler
reference relied upon by the examiner discloses (e.g., in
Figs. 1, 4, 7, 9 and 11) an absorbent article (10) which
includes inboard (34) and outboard (38) elastic members
located in each of the side margin areas (20) of the article,
with the elastic members being arranged in a staggered
overlapping relation. Like the present invention, the
Roessler reference, in the paragraph bridging columns 1 and 2,
indicates that the invention therein
“can more closely conform to the different, natural body
lines and shapes which are typically present at the front and
back regions of a wearer’s body. The article can also exhibit
less bunching at its crotch region and can provide reduced
crotch bulk. When the article is worn, the article can also
exhibit less sagging at the waistband regions, and can provide
improved body conformance and fit. As a result, the article
can exhibit improved resistance to leakage and can provide
improved aesthetics.”
The only apparent difference between the absorbent article of
the Roessler reference and that which is claimed by appellants
herein is the requirement in independent claims 1 and 12 on
appeal that a major portion of a longitudinal end edge of each
of the outboard elastic members (38) be configured
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