Ex parte FEIST - Page 6

          Appeal No. 1997-3342                                                        
          Application No. 08/389,086                                                  

               that evening overnight.  It performed well by not                      
               leaking.  Fit was also good.                                           
          This showing, in our view, is sufficient to establish                       
          reduction to practice prior to May 27, 1993.                                
               Second, the examiner considered that the Feist affidavit               
          did not establish a reduction to practice of the absorbent                  
          article set forth in the claims since the limitations set                   
          forth in the last four lines of claim 1 and the waist cap                   
          recited in claims 5 through 9 are not shown in Exhibit A.                   
               Our review of the affidavit reveals that Exhibit A                     
          clearly discloses a diaper having a Z folded barrier cuff                   
          glued in place at the longitudinal ends of the diaper.  The                 
          end view of the diaper found on notebook page 42 shows glue                 
          located between the three portions or legs of the Z folded                  
          cuff.  In our view, this is as much of the invention as is                  
          shown by Figures 8 and 9 of Vandemoortele.  Therefore, if the               
          examiner is correct and claim 1                                             
          reads on the diaper shown in Figures 8 and 9 of Vandemoortele,              
          it must also read on the diaper shown on page 42 of Exhibit A.              
          It logically follows that the Feist affidavit establishes a                 


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