Appeal No. 2004-0645
Application 09/194,968
Courtaulds, we note that the examiner has asserted that this
reference discloses an absorbent garment and attachment system
including a first attachment device in the form of elongate
attachment strips (8, 11) provided in spaced relation on a first
waist portion of the garment and a second attachment device in
the form of strip elements (7) provided at each side of a second
waist portion of the garment, wherein the first (8, 11) and
second (7) attachment strip elements are, in the examiner’s view,
adapted to cooperate with each other for releasable attachment
and the second attachment strip elements (7) each have a major
length dimension extending generally transverse to the first
attachment strip elements (8, 11) and the major length of each of
the second attachment strip elements is greater than the distance
separating the first attachment strip elements adjacent their
transversely inward ends (i.e., the ends of attachment strips 8
and 11 near reference character 14 in Figure 1 of Courtaulds).
The examiner then further asserts that
[s]ince the structure of Courtaulds is identical to that
claimed, there is sufficient factual basis for one to
conclude that the capability set forth on lines 5-6 of such
claimed structure is also inherent in the same structure of
Courtaulds, see MPEP 2112.01 (answer, page 6).
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