Ex parte KATO et al. - Page 2




          Appeal No. 1998-2817                                                        
          Application No. 08/455,366                                                  


          § 1.196(b).                                                                 


               The specification describes a waist elastic system 60 for              
          children’s disposal absorbent training pants wherein the waist              
          elastic system may be formed separate (Figure 2) or unitary                 
          (Figure 3) with the training pants.  See specification, pp. 12              
          and 46.  Two embodiments of the separate system shown in                    
          Figure 2 are described in detail, both of which include a                   
          sleeve member 62, defining an elongate passage 64, and an                   
          elastic member 66.  We are informed by the specification (pp.               
          12-13) that the first embodiment (hereinafter referred to as                
          “Embodiment 1”) is constructed by providing two lengths of                  
          elastic members having respective relaxed lengths of about                  
          14.29 cm (5-5/8 inches)1 and two lengths of nonwoven web                    
          having respective relaxed lengths of about 36.83 cm (14.5                   
          inches).2  Both elastic members are extended about 36.83 cm                 

               1 The specification states (p. 13, l. 2) that this is “one-half of the 
          relaxed circumferential length.”  Presumably, the appellants mean one-half of
          the relaxed circumferential length of the elastic member 66.  Compare p. 12,
          ll. 24-26.                                                                  
               2 Each elastic member is described as being made of natural rubber     
          having a thickness of 7 mils and a width of .79 cm.  Each nonwoven web is   
          described as being made of bicomponent fibers in a side-by-side orientation,
          in which the fibers are present in the amount of about 50 percent           
                                          2                                           





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