Appeal No. 2000-1978 Page 6
Application No. 08/898,905
to releasably engage the other plastic liner 22 adjacent end
portion 14 when the diaper is folded into place on the body.
The appellants argue (brief, pp. 5-6 and 10-11) that
Takemoto does not disclose a diaper or absorbent article which
includes an adhesive which is configured to contact the
wearer's body in use to at least temporarily secure the
bodyfacing surface of the diaper or absorbent article directly
to the wearer's body. We agree. Additionally, we agree with
the appellants that the limitation that the adhesive be
configured to contact the wearer's body in use to at least
temporarily secure the bodyfacing surface of the diaper or
absorbent article directly to the wearer's body is a
structural limitation in that it requires placement of the
adhesive in a location on the bodyfacing surface of the diaper
or absorbent article such that it contacts the wearer's body
when the diaper or absorbent article is in use (i.e., on the
wearer). Clearly, when Takemoto's diaper is in use, the
adhesive patches 24 contact the plastic liner 22 adjacent end
portion 14, not the wearer's body. Accordingly, Takemoto's
adhesive patches 24 are not configured to contact the wearer's
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