Ex parte SUZUKI et al. - Page 10




          Appeal No. 2000-0117                                      Page 10           
          Application No. 08/770,676                                                  


               Igaue et al. ‘239 teaches . . . that elastic members may               
          be attached to the topsheet and/or backsheet, i.e.                          
                    interchangeable connections, and Daio teaches, e.g.               
          Figures 2, 4 and 5 as compared to 8 and 10, that elastic                    
          members may    be attached to one sheet or between dual layers              
          of one sheet (answer, pages 4 and 5).                                       

          From these teachings, the examiner concludes that attaching                 
          the elastic members of Matsushita’s invention to the topsheet,              
          as taught by Igaue, and also replacing Matsushita’s topsheet                
          with a dual layered topsheet with the elastic members                       
          positioned therebetween, as suggested by Daio, would have been              
          obvious to one of ordinary skill in the art.                                


               Appellants argue that “[n]either Matsushita alone nor in               
          combination with Igaue or Daio discloses or suggests having a               
          dual-layered top sheet between which are positioned the                     
          elastic elements as claimed” (brief, page 19).  Appellants                  
          further argue that the examiner failed to recognize that even               
          though Igaue discloses portions of the elastic members                      
          traversing the crotch region bonded to the top sheet, “the                  
          elastics nevertheless still are positioned centrally under the              










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