Appeal No. 2004-0327
Application No. 09/689,194
DISCUSSION
I. The 35 U.S.C. § 102(b) rejection of claims 1 through 3 as
being anticipated by Hasse
Hasse discloses a sanitary napkin 20 (see Figures 1 and 2)
comprising a liquid pervious topsheet 24, a liquid impervious
backsheet 26, an absorbent core 28 positioned between the
topsheet and backsheet, an adhesive layer 90 on the surface of
the backsheet opposite the one contacting the absorbent core for
affixing the sanitary napkin to a wearer’s undergarment,
fragrance-filled microcapsules 95 and 96 embedded in the adhesive
layer, and a release liner 56 covering the adhesive layer.
Removing the release liner from the adhesive layer ruptures the
microcapsules and releases the fragrance contained therein (see
Figure 3).
Anticipation is established only when a single prior art
reference discloses, expressly or under principles of inherency,
each and every element of a claimed invention. RCA Corp. v.
Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ
385, 388 (Fed. Cir. 1984). In other words, there must be no
difference between the claimed invention and the reference
disclosure, as viewed by a person of ordinary skill in the field
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