Appeal No. 2000-0855
Application No. 08/597,377
is followed by bonding together through said perforations
portions of the layers 112, 114 “located opposite said
perforations” as required by appealed claim 1. Rather,
Proxmire appears to form perforations 116 through the layers
110, 112 and 114 while simultaneously thermally bonding or
fusing the layers 110, 112 and 114 together.
Accordingly, we will not sustain the standing 35 U.S.C.
§ 102(b) rejection of claim 1.
Claims 4, 6, 11, 15, 16, 19 and 25
Turning now to independent claims 4 and 11, we observe
that claim 4 is drawn to an elastic structure comprising an
elastic band and a material layer positioned on each side of
the elastic band, the material layers being at least partially
comprised of meltable material, the elastic band having
perforation through all of which the material layers are
joined together as a result of forming the perforations in the
elastic band while stretched directly followed by joining the
material layers through the
8
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