Ex parte SUZUKI et al. - Page 13




          Appeal No. 2000-0117                                      Page 13           
          Application No. 08/770,676                                                  


          the independent claim, we will also not sustain the examiner’s              
          rejection of these claims under 35 U.S.C. § 103(a) over the                 
          collective teachings of Matsushita, Igaue and Daio.                         


               We now turn to the examiner’s rejection of claims 8 and                
          10 through 12 under 35 U.S.C. § 103(a) over Matsushita in view              
          of Igaue and Daio.  Appellants argue that claim 8 requires                  
          “two sets of elastic members ‘selectively secured to said top               
          sheet,’ wherein the first and second sets of elastics extends               
          across the central section between the first and second leg                 
          holes” (brief, page 22).  Appellants further state that                     
               even if the portions of the elastics traversing the Igaue              
               crotch region are bonded to the top sheet, the Igaue                   
               elastics nevertheless still are positioned centrally                   
               under the core.  See Col. 3, 11. 18-20. . . . [T]o the                 
               extent that Igaue et al. suggests that the elastics                    
               traversing the crotch section may be attached to the                   
               bottom side of the top sheet, Igaue is referring to that               
               portion of the elastics between the intersection point                 
               and the edge of the absorbent core as best seen in FIG.                
               4.  Beyond the edge of the absorbent core, the elastics                
               are positioned beneath the absorbent core in distinction               
               with claims 8 and 10-12. Matsushita and Daio are                       
               similarly deficient insofar as they both at most disclose              
               the attachment of the elastic members traversing the                   
               crotch section beneath the absorbent core (brief, pages                
               22-23).                                                                









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