Ex parte KLING et al. - Page 13




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


               across the at least one elastic band within regions                    
               of the waist margin at which the fastener tabs are                     
               affixed.                                                               
               The appellants argue (main brief, p. 28) that there is no              
          disclosure in Proxmire of utilizing a pattern of perforations               
          that extend transversely across the elastic band for the                    
          purpose of controlling the elastic characteristics of the                   
          elastic device.  We again disagree.                                         





               Proxmire discloses a pattern of perforations 120 that                  
          extend transversely across the elastic band in Figure 18.                   
          Further, Proxmire specifically teaches that the number and                  
          spacing of the bonding sites 116 affects the stretch                        
          properties or elastic characteristics of the laminate.  See                 
          col. 10, ll. 22-26.  Thus, we will also sustain the rejection               
          of claim 16 under 35 U.S.C.                                                 
          § 102 as anticipated by Proxmire.                                           
               Claim 25 depends from claim 11 and calls for at least one              
          elastic band affixed along at least one of the leg and waist                
          margins of a diaper and further including elastic devices                   
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