Appeal No. 2000-0855
Application No. 08/597,377
nor claim 11 requires that portions of the meltable material
layers located opposite the perforations be bonded to one
another as called for in claim 1. Instead, claim
11 simply requires that the material layers located on
opposite sides of the elastic band be bonded to one another.
Accordingly, we will sustain the examiner’s rejection of
claims 4 and 11 under 35 U.S.C. § 102 as anticipated by
Proxmire.
Claims 15 and 19 are dependent on claim 11 and have not
been separately argued from that claim. See main brief, p.
12. Therefore, we will also sustain the rejection of claims
15 and 19 under 35 U.S.C. § 102 as anticipated by Proxmire.
Claim 6 calls for the elastic band to include at least
one region of substantially punctiform2 perforations through
which the two material layers are bonded together. The
appellants argue (main brief, p. 26) that Proxmire does not
disclose perforations through which the two material layers
2 Webster’s Third New International Dictionary (G. & C. Merriam Company,
1971) defines "punctiform" as "having the form or character of a point."
11
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