Appeal No. 2001-1794
Application No. 08/882,787
conclusion of obviousness relative to the claimed subject matter.
It is for this reason that the rejection on appeal cannot be
sustained.
REMAND TO THE EXAMINER
We remand this application for consideration of the
following matter.
The examiner should assess the patentability of the claimed
subject matter under 35 U.S.C. § 103(a) based at least upon the
combined teachings of the Japanese reference (Figs. 4, 5) and
Toyoda (Figs. 8 through 15) to determine whether it would have
been obvious to configure the single free end adhesive tape of
the Japanese reference as a stretchable adhesive tape on the back
surface sheet following the teaching of Toyoda. In particular,
it is noted that Toyoda reveals the knowledge in the art, at the
time of appellants’ invention, of alternative stretchable tape
configurations having a fixed portion and a releasably adhesive
free end portion, with the alternatives of securement to a
backsheet (Figs. 8 through 10) or to a release tape affixed to a
diaper (Figs. 13 and 14). Further, it should be recognized that
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