Appeal No. 2002-0913
Application No. 09/107,643
calling for a “discrete member” interposed between the edge of
the waistband and the wearer. Here, consistent with the
disclosure of the present application, we consider the claim
terminology “distinct” and “discrete” as requiring that the
member or strip is a separate element relative to the diaper’s
body portion layers or sheets; however, for all the ‘681 design
application discloses, the strips seen at the front and back
waistband portions may be folded over extensions of an underlying
body portion layer.
We also find a lack of descriptive support in the ‘681
design application for the requirement of claim 7 that the
plastic layer of the diaper has an edge along which the padding
member is located, and the similar language found in claims 8, 11
and 21. In this regard, notwithstanding appellant’s argument on
page 10 of the main brief to the contrary, we find no descriptive
support in the ‘681 design application of the claim requirement
that the edge of the outer layer necessarily extends to the edge
of the diaper at either one of the waistband portions.
Other limitations of the appealed claims for which we find
no descriptive support in the ‘681 design application are the
11
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