Appeal No. 1998-2818
Application 08/550,521
teachings of Buell. We agree. Buell pertains to a flat-type
diaper having elasticized side panels 30 that provide a more
comfortable and contoured fit and that allow the diaper to
“self-adjust” during wear (column 33, lines 61-67; column 34,
lines 12-20). The elasticized side panels 30 may be disposed
on the back-side waist portion 58, the stomach-side waist
portion 56, or both (column 34, lines 17-22). Further, the
elasticized side panels 30 may be formed as a unitary
structures with the other elements of the diaper, or as
separate and discrete elements joined thereto (column 33,
lines 54-61; column 34, lines 47-56). In light of these
teachings, we share the examiner’s view that it would have
been obvious to one of ordinary skill in the art at the time
of appellant’s invention to separately form the side panels or
ears of the diapers of Uni-Charm and/or Kao as an alternative
way of making the diapers of the primary references,
suggestion being found in Buell’s teachings in this regard.
Claim 1 also calls for the side panels to be formed of a
material “different from” the material of the topsheet of the
body of the diaper. The examiner has found (final rejection,
page 4, lines 17-19), and appellant has not disputed (brief,
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