Appeal No. 1998-2262
Application 08/745,303
For the same reasons, and again notwithstanding the
appellants’ arguments to the contrary (see page 16 in the
brief), the proposed combination of Southwell, Kitaoka and
Watanabe would have suggested a panty having the body elastic
features recited in dependent claim 69.
Thus, the differences between the subject matter recited
in claims 64 and 69 and the prior art are such that the
subject matter as a whole would have been obvious at the time
the invention was made to a person having ordinary skill in
the art.
Therefore, we shall sustain the standing 35 U.S.C. § 103
rejection of claims 64 and 69 as being unpatentable over
Southwell in view of Suzuki, Tanzer, Igaue, Kitaoka and
Watanabe.
We also shall sustain the standing 35 U.S.C. § 103
rejection of claims 65 through 68, 70 and 72 through 76, which
ultimately depend from claim 64, as being unpatentable over
Southwell in view of Suzuki, Tanzer, Igaue, Kitaoka and
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