Ex Parte Wentzel et al - Page 4

                Appeal  2007-2214                                                                                  
                Application  10/032,383                                                                            

                              a crotch region extending longitudinally between the first                           
                       and second waist regions, the absorbent article being foldable                              
                       generally within the crotch region to configure said article with                           
                       the first waist region in generally opposed relationship with                               
                       second waist region;                                                                        
                              an outer cover; and                                                                  
                              at least one fastener comprising a single piece of flexible                          
                       material having an anchor end, a user end opposite the anchor                               
                       end, and an active fastening surface extending continuously                                 
                       thereon, at least a portion of the active fastening surface being                           
                       located generally at the anchor end on the fastener for                                     
                       anchoring to said article generally at said first waist region and                          
                       at least one other portion of the active fastening material being                           
                       located generally at the user end on the fastener for fastening to                          
                       said article generally at said second waist region to secure said                           
                       article on a wearer, the active fastening surface being                                     
                       substantially covered by an active fastening material, the                                  
                       portion at the anchor end configured to have a first shear                                  
                       strength and the portion at the user end configured to have a                               
                       second shear strength, the first shear strength being greater than                          
                       the second shear strength.                                                                  
                              35. The disposable absorbent article of claim 55,                                    
                       wherein the active fastening material comprises a plurality of                              
                       hooks.                                                                                      
                       Claims 52 and 55 are directed to articles comprising, among other                           
                things, a fastener.  As we interpret the claims, they require the fastener to                      
                comprise an active fastening surface that extends continuously from a                              
                portion for anchoring generally at a first waist region to a portion for                           
                fastening generally at a second waist region and that the active fastening                         
                surface be substantially covered by an active fastening material.                                  
                       In addition, claims 11 and 55 each refer to an “anchor end” that has a                      
                shear strength that is greater than the shear strength of the “user end.”  The                     

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