Appeal 2007-2292
Application 10/038,796
Abstract, Background, and Summary of the Invention Sections). The
wearable items include disposable absorbent garments such as adult
incontinence wear, training pants, diapers, and other personal clothing items
(Kuen, col. 1, ll. 8-27 and col. 4, ll. 14-21).
Rather, Appellants maintain that Kuen does not disclose, explicitly or
implicitly, “a method including contracting a loop component relative to a
hook component at the engagement seam, following engagement of the
fastening components to promote increased engagement between the
fastening components” (Br. 6-7).
Kuen, however, describes an embodiment wherein elastic strap
members are utilized with the loops formed as part thereof; that is, on a face
of each strap member or on opposite faces thereof. (Kuen, col. 14, ll. 29-
58). With regard to this third embodiment of Kuen, the Examiner has found
that the loop component of Kuen, including the loop material and substrate
associated with the loops, are disclosed as being “capable of elastic stretch
and retraction” based on the materials and manner of construction thereof
(Answer 4; Kuen, col. 14, ll. 29-58, Fig. 7).
While Appellants generally assert that Kuen does not disclose both a
stretchable loop material and a stretchable substrate (Br. 8), Appellants do
not specifically address the Examiner’s reliance on the disclosure at column
14, lines 48-58 of Kuen, including the referenced Shelby Elastics material
and the referenced U.S. Patent No. 5,125,246 for a description of these
features in Kuen. As such, we agree with the undisputed determination of
the Examiner that the referred to portion of the disclosure in Kuen describes
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