Appeal No. 2000-0855
Application No. 08/597,377
suggests elastic bands affixed to the leg margins to include
at least three regions of different bonding patterns and
different degrees of elasticity with one of the patterns being
located in the crotch part of the diaper and having the
greatest elasticity. Since all the claim limitations would
not have been taught or suggested by the combined disclosures
of Proxmire, Pieniak, Sigl, Bianco, Buell and Richardson, it
follows
that the examiner has not established the prima facie
obviousness of the invention set forth in claim 18. See In re
Royka, 490 F.2d, 981, 985, 180 USPQ 580, 583 (CCPA 1974).
Accordingly, we cannot support the examiner's rejection of
claim 18 under 35 U.S.C. § 103.
Rejection (4)
We will, however, sustain the rejection of claims 8
through 10 and 20 through 24 as unpatentable under 35 U.S.C. §
103(a) over Proxmire in view of Hasse and Lawson.
Claim 8 is dependent on claim 4 and recites that the
elastic band is made of elastic foam material having closed
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