Ex Parte KIDO et al - Page 4



          Appeal No. 2001-1794                                                        
          Application No. 08/882,787                                                  

          the respective viewpoints of appellants and the examiner.  As a             
          consequence of our review, we make the determination which                  
          follows.                                                                    

               We cannot sustain the rejection of appellants’ claims based            
          upon the examiner’s rationale in applying the prior art.                    

               Independent claim 1 sets forth a disposable body fluids                
          absorbent article comprising, inter alia, a tape fastener having            
          a free end portion and an adhesive portion extending                        
          longitudinally between the free end portion and an elastically              
          stretchable portion with an inner surface of the adhesive portion           
          facing an outer surface of a back sheet and releasably directly             
          bonded to the outer surface.  Independent claim 7 addresses a               
          method of disposal of a disposable body fluids absorbent article            
          in which a tab fastener has a fixed end portion, a free end                 
          portion releasably adhesively attached to a backsheet prior to              
          use, and an elastically stretchable portion extending                       
          longitudinally between the fixed and free end portions.                     

               The basic teaching relied upon by the examiner is a Japanese           
          document referenced in appellants’ specification, which document            
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