Appeal No. 2000-0286 Page 10
Application No. 08/704,031
Since in response to our new ground of rejection made
above the appellants may amend claim 8 by changing "liquid-
impermeable topsheet" to "liquid-permeable topsheet," we
present our views on three issues of obviousness raised in the
appeal to expedite any further prosecution of the claimed
subject matter. First, it is our opinion that the claimed
"said crotch section including a liquid-impermeable film
stretchable at least in said longitudinal direction" would
have been obvious at the time the invention was made to a
person having ordinary skill in the art from the teachings of
the applied prior art since Tagawa's teachings of a film in
backsheet 3 (column 8, lines 21-28) would have been suggestive
to modify Watanabe's outermost impermeable layer 2 to include
a stretchable liquid-impermeable film. Second, it is our
opinion that the claimed "said crotch section further
including second elastic material extending between said pair
of leg-openings so as to be stretchable transversely of said
short pants, a portion of said second elastic material
extending along rear side peripheries of said leg-openings and
another portion of said second elastic material extending
across said crotch section in proximity of said lower ends of
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