Appeal No. 1998-2818
Application 08/550,521
members (21, 21’) arranged on stomach-side and back-side
portions of the diaper, with each of the first and second
elastic members having opposing ends that terminate within the
rectangular body.
We take up first for consideration the § 103 rejections
which do not rely in part on Buell. These include the
rejection of claim 1, 3, 4 and 9-12 as being unpatentable over
Uni-Charm or Kao, the rejection of claims 2, 5-7, 13 and 14 as
being unpatentable over Uni-Charm, and the rejection of claim
8 as being unpatentable over Uni-Charm or Kao in view of Daio
‘051, Daio ‘052 and Robertson.
Uni-Charm and Kao, the examiner’s primary references,
each pertain to a pull-on diaper comprising a layered body
defining a waist opening portion, a pair of leg openings, and
a body-surrounding portion. As can be readily discerned upon
review of Figure 2 of Uni-Charm and Figures 1, 2, 4 and 5 of
Kao, in each reference the body of the diaper includes
unitarily formed ear portions that are joined together at
their edges to form the waist opening and leg openings. In
addition, each diaper includes elastic members arranged in
areas adjacent the waist opening, which elastic members
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