Appeal No. 2005-2330 Application No. 10/026,123 APPEALED SUBJECT MATTER The subject matter on appeal is directed to a method of making an undergarment having “refastenable side seams”. See the specification, page 1. Details of the appealed subject matter are recited in representative claims 1, 3, 4 through 6, 8 and 9, which are reproduced below2: 1. Method of making an undergarment having refastenable side seams from a substantially two-dimensional web, the web having two longitudinal sides and a first lateral edge extending perpendicularly to the longitudinal sides, the method comprising the steps of: preconditioning the web to include at least four refastening surfaces; transporting the web in a processing direction; cutting the web along a second lateral edge to form a two-dimensional pre-form that includes the first and the second lateral edges and the two longitudinal edges; each longitudinal edge having two waist sections and a crotch section located intermediate the waist sections, the refastening surfaces are located adjacent and inboard on the waist sections; 2 According to the appellants’(Brief, page 10), the claims on appeal as follows: Group I - Claims 1-3, 7, 11-14 and 20; Group II - Claims 4, 15, 16; Group III - Claims 5, 17 and 18; Group IV - Claims 6 and 19; Group V - Claim 8; and Group VI claims 9, 10 and 21-23. Therefore, for purposes of this appeal, we select claims 1, 4, 5, 6, 8 and 9 and determine the propriety of the examiner’s Section 103 rejections set forth in the Answer based on these claims alone. In re McDaniel, 293 F.3d 1379, 1384, 63 USPQ2d 1462, 1465-66 (Fed. Cir. 2002). 2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 NextLast modified: November 3, 2007