Appeal No. 1998-2817
Application No. 08/455,366
elements, steps or necessary structural cooperative
relationships of elements described by the applicant as
necessary to practice the invention. However, in this case,
the appellants have not omitted any matter from the claims
under appeal disclosed to be essential to the invention as
described in the specification or in other statements of
record. As set forth previously, the examiner has failed to
cite any passage of the specification or in other statements
of record that would establish that any essential element has
been omitted from the claims under appeal.
35 U.S.C. § 103 Rejection Based On Weil
We will not sustain the rejection of claims 1, 3 through
7, 9 through 13, 15 through 19, 21 through 26 and 28 through
36 under 35 U.S.C. § 103 based on Weil.
Each of the independent claims on appeal calls for a
closed-loop waist elastic system. In the final rejection (p.
7), the examiner interpreted the language “said front and said
back panel being selectively joined to form a waist opening
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