Case No. IP-2015-000205

77.Coslett disclosed and claimed an elastomeric trilaminate fabric for use in the waist band or leg cuff of disposable diapers and similar products. The laminate was stretchable when tension was applied to it but returned to an unstretched state when the tension was removed. 78.Mr St Quintin argued that one of the elements of amended claim 9 absent from the disclosure in Coslett was the formation of a breathable passage through the fabric with no apertures being formed in the inner and outer layers. Mr Norris relied on his cross-examination of Mr Brinkley. However, although Mr Brinkley agreed that the skilled person would understand that use of ultrasonic bonding in Coslett would lead to an aperture being created in the elastic layer and the non-woven outer layers bonding across that aperture, he emphasised that there was no disclosure of a hole in each of the inner and outer layers. Nor was there any disclosure of an annular vent. 79.Amended claim 9 would not lack novelty over Coslett.