Ex parte TOYODA - Page 13

          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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