Ex parte KLING et al. - Page 15




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


          (main brief, p. 29) that claim 25 is not anticipated by                     
          Proxmire is not well taken and we will sustain the rejection                
          of this claim under 35 U.S.C. § 102 as anticipated by Proxmire              
          as well.                                                                    
                           Claims 5, 12 through 14 and 17                             
               Claim 5 calls for the elastic band to include at least                 
          two regions having different bonding patterns and different                 
          elasticity.  The language “the elastic band includes . . .                  
          different bonding patterns” refers to the locations at which                
          the material layers are joined to one another, not to a                     
          bonding pattern used to bond the elastic band to the body of                
          the diaper.  Claim 17 calls for an additional elastic band                  
          affixed to each leg margin with each band having at least two               
          regions having different bonding patterns and different                     
          elasticity.  The                                                            


          examiner does not identify where in the Proxmire patent it is               
          disclosed that the laminar fabric includes at least two                     
          regions having different bonding patterns and different                     

          with pressure and sometimes with an intermediate or filler metal having a high
          melting point."                                                             
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