Ex parte KLING et al. - Page 7




          Appeal No. 2000-0855                                                        
          Application No. 08/597,377                                                  


          as shown by FIG. 16, so that the facing sheets are expansible               
          when the web is stretched.  See col. 9, l. 55 through col. 10,              
          l. 14.                                                                      
               With respect to claim 1, the appellants assert (main                   
          brief, p. 16) that Proxmire does not disclose the step of                   
          forming perforations in the stretched elastic band directly                 
          followed by bonding together through said perforations                      
          portions of the layers of at least partially meltable material              
          located opposite said perforations by heat fusion so that the               
          layers are bonded to one another through the perforations.  We              
          agree.                                                                      
               Claim 1 requires that portions of the meltable material                
          layers located opposite the perforations be bonded to one                   
          another.  While Proxmire teaches forming perforations in the                




          stretched elastic band or carrier sheet 110 and thermally                   
          bonding together portions of the layers 112 and 114 through                 
          the perforations, the reference does not explicitly or                      
          inherently disclose that the step of forming the perforations               


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