Appeal No. 2002-0913
Application No. 09/107,643
other things, a soft padding member located along at least one of
the waistband portions. Claim 12 depends from claim 11 and adds
that the strip of non-abrasive material of base claim 11 is a
padding member. Claim 32 depends from claim 31 and adds that the
distinct strip located at the leg hole of base claim 31 is a
padded member.
As noted in our treatment of the anticipation rejection
based on Foreman, the tunnel at the distal edge 266 of Foreman’s
barrier cuff 262, which presents a soft nonjagged edge to the
wearer, comprises a soft padding member as broadly claimed. In
addition, the respective flap portions 74, 274 of Foreman’s first
and second barrier cuffs 62, 262, which are described as being
compliant, soft feeling and non-irritating to the wearer’s skin
and which may be made from foam or elastic foam, comprise soft
padding members at the waistband portions and leg hole portions.
Viewed in this light, Foreman provides response for all
limitations of claims 7, 12 and 32, making the teachings of
Lindquist mere surplusage in this rejection. While a rejection
over a single reference such as Foreman that responses to all
limitations of claims would ordinarily be based on 35 U.S.C.
§ 102 rather than 35 U.S.C. § 103, the practice of nominally
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