Appeal No. 2000-1978 Page 8
Application No. 08/898,905
The appellants argue (brief, pp. 7-8) that Le Bolt does
not disclose a diaper 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
directly to the wearer's body. We agree. As set forth
previously, 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 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 such that it contacts the wearer's body
when the diaper is in use (i.e., on the wearer). Clearly,
when Le Bolt's diaper is in use, no adhesive contacts the
wearer's body. Accordingly, Le Bolt's adhesive areas are not
configured to contact the wearer's body in use to at least
temporarily secure the bodyfacing surface of the diaper
directly to the wearer's body.
For the reasons set forth above all the limitations of
claims 19 and 31 are not disclosed in Le Bolt, consequently,
the decision of the examiner to reject claims 19 and 31 under
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