Appeal No. 2000-0855
Application No. 08/597,377
perforation by heat fusion, the elastic band being movable
relative to the material layers. Claim 11 is drawn to a
diaper incorporating an elastic band which is secured in a
stretched state between two material layers which are at least
partially comprised of meltable material, the elastic band
having perforations through all of which the material layers
located on opposite sides of the elastic band are bonded to
one another as a result of forming the perforations while the
elastic band is stretched directly followed by bonding the
material layers through the perforation in the stretched
elastic band by heat fusion, the material layers being bonded
in a pattern so that the elastic band is held mechanically
between the material layers and is movable relative to the
material layers.
The appellants argue that there is no disclosure in
Proxmire of an elastic band provided with a plurality of
perforations through which the material layers on opposite
sides of the elastic band are joined together with the elastic
band being held mechanically between the material layers so
that the elastic band is movable relative to the material
layers as recited in claims 4 and 11. See main brief, p. 23.
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