Ex Parte Zehner et al - Page 5

                Appeal 2007-1015                                                                                 
                Application 10/011,088                                                                           

                             As to claim 40, Widlund shows leg elastic members 32                                
                       and 33 along the longitudinal sides of the absorbent article that                         
                       provide biaxial stretchability.                                                           
                Answer 4-5.                                                                                      
                       The Examiner further maintains that:                                                      
                             Widlund discloses in col. 5, lines 40-60 that elastic                               
                       threads 24 are applied to the liquid permeable layer and the                              
                       longitudinal threads simultaneously form an edge elastic, which                           
                       is shown in Figures 4 and 5.  Widlund discloses the elastic                               
                       threads are applied to the two outer layers 1 and 2 (col. 5, lines                        
                       15-18).  Therefore, Widlund discloses leg elastic members                                 
                       captured between a biaxially extensible outer [cover] and a                               
                       biaxially extensible bodyside liner as described above.                                   
                Answer 13-14.                                                                                    
                       Appellants contend that:                                                                  
                             The assertion, in the Action, that Widlund discloses leg                            
                       elastic members captured between a biaxially extensible outer                             
                       cover and a biaxially extensible bodyside liner is not well                               
                       founded.  In particular, the contention that Widlund discloses                            
                       leg elastic members captured between a biaxially extensible                               
                       outer cover and a biaxially extensible bodyside liner improperly                          
                       ignores that the rejection simultaneously relies on the very same                         
                       elastic threads or ribbons in Widlund as both forming the leg                             
                       elastic members and the biaxially extensible outer cover and                              
                       the biaxially extensible bodyside liner.  Clearly, if the elastic                         
                       threads or ribbons of the absorbent article of Widlund are                                
                       required and included to form a part of the biaxially                                     
                       extensible outer cover and the biaxially extensible bodyside                              
                       liner, respectively, such elastic threads or ribbons are not                              
                       also captured between the biaxially extensible outer cover                                
                       and the biaxially extensible bodyside liner along the first                               
                       and second longitudinal side of the chassis, respectively, as                             
                       required by the claimed invention.  That is, without the                                  
                       elastic threads or ribbons, the outer cover and the bodyside liner                        
                       of the absorbent article of Widlund have been acknowledged as                             
                       not being biaxially extensible.  It is respectfully submitted that                        

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