Ex Parte Edens et al - Page 6



                Appeal No. 2006-1493                                                                          
                Application No. 10/037,276                                                                    

           1    a reading of the language “minimum longitudinal length” along the principal                   
           2    longitudinal axis as being something less than the length of the entire extent                
           3    of the absorbent along the principal longitudinal axis.  Such a reading would                 
           4    require an unreasonable distortion of the term “length” as that term is                       
           5    ordinarily understood.                                                                        
           6          McFall’s Fig. 1 clearly illustrates the length along the longitudinal                   
           7    centerline L as the maximum longitudinal length of the absorbent.                             
           8    Therefore, the longitudinal length along the principal longitudinal axis                      
           9    (longitudinal centerline L) cannot be “less than said maximum longitudinal                    
          10    length” as called for in Appellants’ claims.   McFall discloses that the                      
          11    absorbent portion 22 can be formed in any suitable configuration, including,                  
          12    for example, ovoid, elliptical, trapezoidal, rectangular, triangular, diamond-                
          13    shaped, or any combination thereof (col. 5, ll. 29-33), but none of these                     
          14    shapes would appear to satisfy the claim limitation in question, for the                      
          15    reasons discussed above.  Accordingly, we cannot sustain either of the                        
          16    Examiner’s rejections.                                                                        
          17                                                                                                  
          18                                       SUMMARY                                                    
          19          The decision of the Examiner to reject claims 1-18 and 22-35 is                         
          20    REVERSED.                                                                                     




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