Appeal No. 1998-2393
Application No. 08/295,874
of at least one front part and back part refers to the area of
the front or back part.
Since the evidence of obviousness would not have been
suggestive of at least one elastically stretchable region
covering essentially the whole of at least one of the front
and back parts of a pants-type diaper (claim 14), we modify
our earlier decision by not sustaining each of the examiner’s
rejections under 35 U.S.C. § 102(a) and 35 U.S.C. § 103 which
we had earlier affirmed.
REMAND TO THE EXAMINER
We remand this application to the examiner to assess the
overall teaching of the Japanese reference with other known
prior art to ascertain whether it would have been obvious to
provide the waist band W and adjacent portions of surface
sheet 1 having stretchable elastic material 5, 13, in the
6
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