Appeal No. 1998-2393
Application No. 08/295,874
panty style disposable diaper of the Japanese reference (Figs.
12 and 13), with additional stretchable elastic material to
effect at least one
elastically stretchable region covering essentially the whole
of at least one of respective front and back parts, as now
claimed.
In summary, appellants’ request for rehearing has been
granted and our earlier decision modified such that we do not
sustain each of the examiner’s rejections under 35 U.S.C.
§ 102(a) and 35 U.S.C. § 103 based upon the Japanese
reference. Accordingly, the decision of the examiner is
REVERSED (not AFFIRMED-IN-PART as originally set forth), since
each of the rejections on appeal has not been sustained.
Additionally, we have remanded the application to the examiner
to consider the matter discussed above.
GRANTED
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