Appeal 2007-0283
Application 09/849,594
include additional layers, layer structures and other components in the
garment and in the materials forming the leak-proof seal, and thus, the
specified layer structure can include additional layers and other components,
such as elastic components, as well as additional types of bonds and bond
patterns. See, e.g., Vehicular Technologies, 212 F.3d at 1383, 54 USPQ2d at
1845; Baxter, 656 F.2d at 686-87, 210 USPQ at 802-03; In re Bertsch, 132
F.2d 1014, 1019, 56 USPQ 379, 384 (CCPA 1942) (“it is true that the word
‘comprising’ is usually in patent law held to be synonymous with the word
‘including’”); cf. Ex parte Davis, 80 USPQ 448, 449 (Bd. App. 1948) (“the
word ‘comprising’ alone being synonymous with ‘including’”). The term
“containment flap” is not defined in the claim or in the Specification. Thus,
we determine one of ordinary skill in this art would understand this bare
term to have the breadth with which it is used in the art. In this respect,
Kielpikowski discloses that “[v]arious containment flaps are known for use
in connection with absorbent articles such as infant diapers, [and] training
pants,” “are generally employed along the longitudinal sides of an absorbent
article such as a diaper,” “are often used in connection with elasticized leg
cuffs” which have a “gasketing function,” and are known in “[m]any
constructions” (Kielpikowski col. 1, ll. 4-42).
We find Bridges would have disclosed to one of ordinary skill in this
art disposable undergarments, including training pants and diapers, which
have a non-perforated tear line through non-elastic and/or elastic containing
portions (Bridges, e.g., col. 1, ll. 8-19, col. 3, ll. 1-12 and 27-39, col. 3, l. 64,
to col. 4, l. 19, and col. 5, ll. 9-15). In the illustrated training pant
embodiments, the tear lines 29 can be ultrasonic bond sites formed in chassis
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