Ex Parte Syverson et al - Page 2

                Appeal 2007-0625                                                                                
                Application 09/969,299                                                                          

                                        STATEMENT OF THE CASE                                                   
                       The field of the invention is “inhibition of exoprotein production in                    
                association with an absorbent article such as a catamenial tampon.”                             
                (Specification (“Spec.”) 1.)  Inhibition is accomplished by “the incorporation                  
                of certain aromatic compounds into absorbent articles and the effects of                        
                these compounds on Gram positive bacteria.”  (Id.)                                              
                       The claimed subject matter is reflected in representative claim 1(with                   
                the disputed language in italics):2                                                             
                       1.  A catamenial tampon comprising an absorbent tampon                                   
                       material and an effective amount of a first active ingredient                            
                       having the general formula:                                                              



                       wherein R1 is selected from the group consisting of H,                                   

                                  , -OR5 , -R6C(O)H, -R6OH, -R6COOH,                                            
                       -OR6OH, -OR6COOH, -C(O)NH2,                                                              


                       and NH2 and salts thereof; R5 is a monovalent saturated or                               
                       unsaturated aliphatic hydrocarbyl moiety; R6 is a divalent                               
                       saturated or unsaturated aliphatic hydrocarbyl moiety; R7 is a                           
                       trivalent saturated or unsaturated aliphatic hydrocarbyl                                 
                       moiety; R8 is a monovalent substituted or unsubstituted                                  
                       saturated or unsaturated aliphatic hydrocarbyl moiety which                              
                       may or may not be interrupted with hereto atoms; R2, R3, and                             
                                                                                                               
                2 Appellants do not separately argue the claims.  Thus, we address each issue                   
                with reference to claim 1, the only independent claim before us.                                
                                                       2                                                        

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