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. 4Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007