Appeal No. 1998-2817
Application No. 08/455,366
‘undue experimentation’” (In re Wright, 999 F.2d 1557, 1561,
27 USPQ2d 1510, 1513 (Fed. Cir. 1993)).
All of the claims call for a maximum magnitude of decay
over three cycles which is “less than about” a specified
number of grams at a specified extension. Thus, the range in
each claim includes zero grams at the specified extension.
However, the appellants’ specification only provides two
working examples, i.e., Embodiment 1 in which the elastic
member is joined to the sleeve member at the seams 34 and
Embodiment 2, similar to
Embodiment 1, except that the elastic member is intermittently
joined to the elongate sleeve member by a pattern of 1.27
centimeter (0.5 inch) wide adhesive zones separated by 1.27
centimeter wide zones with no adhesive. Referring to Tables 1
and 13 in the appellants’ specification, closed-loop waist
elastic systems constructed according to the teachings of
Embodiment 1, had a maximum magnitude of decay of less than
about 59.18 grams in an extension range of about 300
millimeters over the first three cycles while closed-loop
waist elastic systems constructed according to the teachings
24
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