Appeal 2007-0784
Application 10/304,239
language is not limited to the “elastic axis” extending along the
entire area longitudinally within the absorbent article but rather
requires that at least a portion of the ‘elastic axis’ extend
longitudinally of the substrate.
(Id.).
Claim 1 requires that the elastic member extend “generally
longitudinally of the substrate along an elastic axis of said elastic member.”
The Examiner’s above-quoted exposition in conjunction with the annotated
figures in the Answer (Answer 4, 7) reveal that the Examiner believes this
claim limitation is satisfied because the loops of Mishima’s adhesive 23
includes a “vertical” component (i.e., as viewed in Patentee’s figure 3 and
the annotated figures of the Answer) which extends in the same direction as
the major or longitudinal axis of Mishima’s disposable diaper 1 (figs. 1-3).
However, this “vertical” component of Patentee’s adhesive 23 loops does
not correspond to the elastic axis of adhesive 23 and, therefore, does not
satisfy the claim 1 limitation “extending generally longitudinally of the
substrate along an elastic axis of said elastic member.”
This is because Appellants expressly define the elastic axis 62 of each
elastic member 61 as “a major or X-axis of the elastic member as it extends
generally longitudinally within the training pants 21” (Specification 13:25-
27). Contrary to the Examiner’s belief, and as plainly revealed by
Mishima’s figure 3 and the annotated figures in the Answer, the “vertical”
component of Patentee’s adhesive 23 loops does not correspond to the major
or X-axis of adhesive 23 (i.e., elastic member) and, therefore, does not
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Last modified: September 9, 2013