Appeal No. 2005-1988
Application No. 09/822,651
on page 12 of the brief, appellants argue that these claims teach
the use of an elastic web. Appellants argue that, in contrast,
Wessels does not teach the use of an elastic web.2
On page 6 of the answer, the examiner’s position is that
Figure 4A of Wessels shows a pile core sheet of a coarse woven or
knit cloth, and the pile surface acquires greater flexibility.
See column 6, lines 32-39 of Wessels.
According to appellants’ specification, on page 2, the
specification states that the web may include at least one
elastic material. The specification gives examples of elastic
materials (see lines 22-24, on page 2 of the specification). The
dictionary definition for “elastic”, as provided at
http://www.answers.com/topic/elastic, is:
adj.
1.
a. Easily resuming original shape after being stretched or expanded; flexible. See synonyms
at flexible.
b. Springy; rebounding.
2. Physics. Returning to or capable of returning to an initial form or state after deformation.
3. Quick to recover, as from disappointment: an elastic spirit.
2 We first note that claims 42-48 do not recite an elastic web;
however these claims depend upon claim 40 which does recite an elastic
web. Claims 50-53 do not recite an elastic web. However, these
claims depend upon claim 48, which does recite an elastic web. Claim
55 also depends upon claim 48. Hence, appellants have overlooked the
fact that only claims 23 and 48 (from the group of claims 23, 42-48,
50-53, and 55), specifically recite an elastic web. We therefore limit
our consideration to claims 23 and 48, in connection with this group
of claims.
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