Ex parte TOYODA - Page 7




          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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