Ex Parte Fell et al - Page 5




             Appeal No. 2004-1928                                                          Page 5              
             Application No. 09/796,375                                                                        



             20 having a generally "T-shape."  The diaper 20 comprises (a) a chassis assembly 22               
             preferably comprising: a liquid pervious topsheet 24, a liquid impervious backsheet 26            
             joined with the topsheet 24, an absorbent core 28 positioned between the topsheet 24              
             and the backsheet 26, and elasticized leg cuffs 30; (b) an extensible waist belt 32; and          
             (c) a closure system for fastening the diaper on the wearer comprising a pair of tape             
             tabs 34.                                                                                          


                   The chassis 22 has a length 115 which extends between the end edges 46                      
             located in the first waist region 40 and the second waist region 42, respectively.  Roe           
             discloses (page 31, lines 25-28) that:                                                            
                          The diaper 20 is preferably applied to a wearer by positioning one of the            
                   waist regions, preferably the second waist region 42, under the wearer's back               
                   and drawing the remainder of the diaper between the wearer's legs so that the               
                   other waist region, preferably the first waist region 40, is positioned across the          
                   front of the wearer.                                                                        
             As disclosed by Roe in Table V (p. 36), the length 115 of the chassis 22 may range from           
             46.0 cm to 50.0 cm.  Roe teaches (page 10, line 28, to page 11, line 11) that:                    
                   The waist edge 59 of the absorbent core 28 in the first waist region 40 is spaced           
                   from the adjacent end edge 46 of the diaper 20 in the first waist region by a               
                   distance A, indicated as 110 in FIG. 1. Preferably, the distance A is in the range          
                   of from about 1.5 centimeters to 8.0 centimeters, more preferably from about 1.5            
                   centimeters to 5.0 centimeters, and most preferably is about 2.0 centimeters. The           
                   other waist edge 59 of the absorbent core 28 in the second waist region 42 is               
                   spaced from the adjacent end edge 46 of the diaper 20 in the second waist                   
                   region by a distance indicated as 112. Distance 112 is preferably at least 2A,              
                   more preferably at least 3A, and most preferably is about 4A.                               







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