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 thePage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 NextLast modified: November 3, 2007