Appeal No. 2000-0287 Page 10
Application No. 08/663,300
to the elongatable and stretchable direction of the non-woven fabric and elastic sheet (the
substitute specification, pages 16 and 17, describing Figures 10A-10C; original specification,
page 10), "band-like" areas 111 in Figure 14 and a "band-like" area 111 in Figure 15 (the
substitute specification, page 20; original specification, page 12). In each of Figures 10A-10C,
14 and 15, the "band-like" regions or areas are illustrated as elongate strips extending across
the material. In light of this disclosure, one of ordinary skill in the art would have understood
"band-like" regions or portions as used in the claims to be regions which are elongate in shape
and extend across the composite. It is in this respect that they are like bands.9
For the foregoing reasons, we conclude that the terminology "band-like" does not
render the scope of claims 11, 14 and 18 indefinite. Accordingly, we shall not sustain the
examiner's rejection of these claims under the second paragraph of 35 U.S.C. § 112.
CONCLUSION
To summarize, the decision of the examiner to reject claims 1-19 under the first
paragraph of 35 U.S.C. § 112 (enablement requirement) and claims 11, 14 and 18 under the
second paragraph of 35 U.S.C. § 112 is reversed. The decision of the examiner to reject
claims 13-15, 17 and 18 under the first paragraph of 35 U.S.C. § 112 (description
requirement) is affirmed.
9A "band" is "a contrasting strip or stripe running across or along the edge of a material, or separating
different sorts of material." Webster's New World Dictionary, Third College Edition (Simon & Schuster, Inc.
1988).
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