Appeal No. 2000-0855
Application No. 08/597,377
specifically teaches that the waist elastic member 104 is
retained within the finished hem 78 of outer cover 12 or that
either of the leg 102 and waist 104 elastics can be attached
at their innermost edges to the outermost edges of the leg
openings 18 or preferably, the leg elastics 102 can be
positioned in overlying relationship with the leg openings 108
so that the outermost edges of the strips coincide with the
outermost edges of the leg openings 18 as shown in FIGS. 2, 3
and 3A. Since the examiner does not identify where in the
Proxmire patent it is disclosed that at least one of the
material layers comprises one of the casing layers, we cannot
support the examiner’s rejection of claim 12 or of claims 13
and 14 dependent thereon.
The rejection of claims 12 through 14, therefore, will
not be sustained.
Rejection (2)
We will also not sustain the rejection of claim 3 as
unpatentable under 35 U.S.C. § 103(a) over Proxmire.
Claim 3 depends from claim 1. Not only does Proxmire
fail to teach or suggest the step of forming perforations in
the stretched elastic band directly followed by bonding
17
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