Ex parte KATO et al. - Page 4




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


          21 through 26 and 28 through 36) and to a closed loop waist                 
          elastic system per se (claims 1, 3 through 7, 9 through 13, 15              
          through 18).  An understanding of the claimed invention can be              
          derived from a reading of exemplary claim 1, which reads as                 
          follows:                                                                    


          1. A closed loop waist elastic system for a disposable                      
          absorbent pant comprising a chassis including a front panel, a              
          back panel, a crotch panel and an absorbent structure on said               
          crotch panel, said front panel and said back panel being                    
          selectively joined to form a waist opening and a pair of leg                
          openings, said closed loop waist elastic system comprising:                 
               an elongate sleeve member defining an elongate passage                 
          therein, and being generally peripherally disposed about said               
          waist opening, and                                                          
               an elongate elastic member disposed within said elongate               
          passage,                                                                    
               said closed loop waist elastic system having a maximum                 
          magnitude of decay of less than about 76.98 grams in an                     
          extension range of about 300 millimeters over the first three               
          cycles.4,5                                                                  

               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              

               4 “Decay” is defined in the specification (p. 6) as “a loss of tension 
          at a specific extension over a selected number of cycles.”                  
               5 A “cycle” is defined in the specification (p. 6) as “an extension of 
          an elastic member or elastic structure, and a retraction of the elastic member
          or elastic structure following the removal of the force causing the         
          extension.”  Technically, the language “the first three cycles” in each     
          independent claim lacks proper antecedent basis.                            
                                          4                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007