Appeal 2007-0283
Application 09/849,594
the wearer” (Bridges, e.g., col. 3, ll. 1-12, and col. 4, ll. 2-6). The strength of
tear line 29 is such that it will “open when an adult grasps on opposing sides
of the tear line at the waist with two hands and pulls apart,” with this
procedure performed for each tear line (id., e.g., col. 3, ll. 50-53, and col. 6,
ll. 13-17, and Fig. 1). The bond sites must be spaced sufficiently close to
allow tearing but far enough apart to provide sufficient residual strength,
with the shape, size, spacing and arrangement of the bonds determined by
one of ordinary skill in the art depending on the material(s) employed (id.,
e.g., col. 4, ll. 2-6, col. 6, ll. 25-41, col. 7, ll. 36-47, and Figs. 1 and 2). The
bond sites can be created by ultrasonic bonding in which at least 50% of the
material at the bond site “is displaced to a thickened outer edge” 7 which “is
thicker than the layers of adjacent, unbonded material 46, 48” as illustrated
in circular bonds in Fig. 1C (id., e.g., col. 4, ll. 14-16, col. 7, ll. 1-22, and
Figs. 1C-D). The bond site pattern can be a zigzag pattern of circular bond
sites in which “[a]djacent bond sites are spaced 0.01[inch] from one another
edge-to-edge for ensuring sufficient girth strength” (id., e.g., col. 7, ll. 50-55,
and Figs. 1E-F).
We find Kielpikowski would have disclosed to one of ordinary skill in
this art the embodiment of Fig. 4 which is containment flap 10 formed by
folding a single piece of material to form distal edge 14 and overlapping first
and second layers 16,18, wherein elastic member 20 is located between said
layers (Kielpikowski col. 5, ll. 33-42). The first and second layers 16, 18
are bonded together along distal edge 14 by a pattern of thermal bonds 30
which also bonds elastic member 20 to said layers (id. col. 5, ll. 42-45,
and col. 9, ll. 48-52). Another pattern of thermal bonds 25 can further bond
15
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