Ex parte TOYODA - Page 15

          Appeal No. 1998-2818                                                        
          Application 08/550,521                                                      

          materials, suggestion being found in the self evident                       
          advantage of more easily adapting each of these components to               
          its intended purpose (e.g., stretchability of side panels                   
          versus liquid permeability of the topsheet).                                
               Claim 1 additionally requires that the ends of the first               
          and second elastic members provided in the diaper terminate                 
          within the diaper body.  This construction is shown in Buell,               
          wherein the diaper may have elastomeric members 76 and                      
          resilient members 77 in the area around the waist opening that              
          terminal short of the elasticized side panels 30.  In our                   
          opinion, it would follow from both the teachings of Buell and               
          as a matter of common sense that the elastic members 9a, 9b of              
          Uni-Charm and/or the elastic members 10, 14 of Kao should be                
          terminated within the body of the diaper upon forming the side              
          panels of the primary references separately from the body in                
          order to more easily adapt each of the diaper components to                 
          its intended purpose.                                                       
               In light of the above, we will sustain the examiner’s                  
          rejection of claim 1 as being unpatentable over Uni-Charm or                
          Kao in view of Buell.                                                       
               Appellant’s argument (brief, pages 15-19) directed to the              

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