Ex Parte Mitchell - Page 7



             Appeal 2006-2347                                                                                    
             Application 10/245,350                                                                              
                   Similarly, with regard to claim 11, we find that Johnson discloses a hygiene                  
             device (col. 1, lines 14-16) comprising a liquid impermeable cloth (26) for partially               
             encircling the pelvic region of a person (col. 5, line 21) and an elastic side band                 
             (30) for completing the encircling of the cloth about the pelvic region of a person                 
             (col. 8, lines 27-30) (describing the side panels 30 as a separate elastically                      
             extensible material or laminate jointed to the chassis 14).                                         
                   With regard to claim 17, we find that Johnson discloses a device comprising                   
             a cloth (26) for encircling the pelvic region of a person and a vertical elastic side               
             band (30) for holding the cloth portions snug about the person’s pelvic region (col.                
             5, line 21).  As in our discussion of claims 1 and 11, we find that the elastic side                
             bands (30) hold the cloth portions snug about the person’s pelvic region and leg                    
             openings.  With regard to the requirement of a “vertical” side band in claim 17, we                 
             note that the side panels (30) of Johnson extend in a vertical fashion along the sides              
             of the garment between the waist and leg openings, as shown in Figure 1.                            
                   Although Johnson discloses the use of elasticized leg cuffs (32) for                          
             providing improved containment of liquid and other body exudates (col. 6, lines                     
             47-49), the cut of the garment as shown in the figures of Johnson is such that it is                
             not clear whether the garment, when donned, would cover the wearer’s legs.                          
                   Wada relates to a sanitary panty (10) having a waterproof sheet (21) that is                  
             laminated on the inside surface of a crotch cloth (19) and a napkin fitting cloth (22)              
             on the inside of the crotch cloth (19) (col. 4, lines 53-67).  The sanitary panty (10)              
             further includes leg bands in leg openings (25).   The leg bands can be formed of                   
             the folded back portions (19a) of the crotch cloth (19) or can be formed with elastic               

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