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 15Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 3, 2007