Ex parte KECK et al. - Page 13




               Appeal No. 98-2812                                                                                                     
               Application 08/473,054                                                                                                 


               showing of the curvature of the cushion barriers 52 in Figure 9, I conclude that Zehner necessarily                    

               discloses elastic strands 56 of differing elastic power as that terminology has been defined by                        

               appellants.  I would affirm this rejection.                                                                            

                       I would also affirm the 35 U.S.C. § 103 rejections of dependent claims 7 and 9, inasmuch as                    

               appellants premise the allowability of these claims on the absence of the differing elastic power limitation           

               of claim 1.                                                                                                            













                                                                                      )                                               
                                       WIILLIAM F. PATE, III                  ) BOARD OF PATENT                                       
               Administrative Patent Judge                            )   APPEALS AND                                                 
                                                                                      )  INTERFERENCES                                





               CEF/dal                                                                                                                



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