Appeal No. 2001-1794
Application No. 08/882,787
discloses a disposable diaper with an adhesive tape piece, e.g.,
tape 12 in Fig. 5, attached to a back surface of the diaper. The
examiner acknowledges that the tape in this reference lacks an
elastically stretchable portion, but relies upon the Ames-Ooten
(Fig. 5), Toyoda (Figs. 1 through 4), and Kao teachings to
provide what is lacking in the Japanese document (answer, page
4).
First, we appreciate that not only does the Japanese
reference lack a tape with an elastically stretchable portion,
but it also fails to disclose a free end portion of a tape
releasably adhesively attached to a backsheet of an absorbent
article. Second, while the particular embodiments in each of the
Ames-Ooten (Fig. 5), Toyoda (Figs. 1 through 4), and Kao
references reveal the knowledge in the art of elastic stretchable
portions for tapes, the respective prior art showings relied upon
by the examiner each address tapes that lack a free end portion
releasably adhesively attached to a backsheet of an absorbent
article, as now claimed. Thus, the particular teachings upon
which the examiner’s rejection is based do not support a
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