Appeal No. 1998-2262
Application 08/745,303
5) which prevents moisture leakage/seepage.
Southwell does not meet the limitations in independent
claim 33 requiring the recited disposable panty to include leg
openings each having a back edge portion which in a flat blank
configuration of the panty extends rearwardly from the crotch
portion along an “essentially linear” path over a majority of
the length of the back edge portion. This feature is 4
disclosed as playing an important role in achieving proper leg
fit and buttocks coverage (see pages 12 and 13 in the
specification). Notwithstanding the examiner’s apparent
finding to the contrary (see page 5 in the answer), the
corresponding back edge portions in Southwell’s panty extend
along circular or oval paths (see Figure 2 and column 7, lines
13 through 15), not essentially linear paths. The examiner’s
reliance on Igaue (the British reference) as also showing back
edge portions extending along essentially linear paths (see
page 5 in the answer) is similarly unsound. Igaue’s back edge
4 Based on the underlying specification (see, for example,
the first paragraph on page 13) and consistent with the
arguments of counsel (see page 7 in the brief), we understand
the “essentially linear” terminology in claim 33 to mean
--essentially straight--.
6
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