Appeal No. 2007-0752 Page 7
Application No. 09/957,109
when the pantiliner is folded and such folding, explicitly or inherently, adjusts the
size of the pantiliner depending on the size of the panty . . . .” Id. Therefore, the
examiner concludes that “Unger is or is capable of being configured as claimed
while functioning as intended.” Answer, page 9.
Unger teaches a sanitary napkin (pantiliner) that “comprises a liquid
pervious topsheet [(liner) 38], a liquid impervious backsheet [(barrier) 40], and an
absorbent core [42] positioned between the topsheet and backsheet.” Unger,
page 2. Unger’s napkin “has a first end region [28], a second end region [30],
and a central region [32] disposed between the end regions [28 and 30].” Id.
The sanitary napkin is asymmetrically shaped so that the second end region [30]
is larger than the first end region [28].” Id. According to Unger (page 9,
emphasis added), the embossed
channels 36 assist the central region 32 of the sanitary napkin in
assuming a W-shaped cross-sectional configuration when the
napkin is compressed by the wearer’s thighs, which allows
improved contact with the wearer’s perineal area. This W-shaped
configuration is formed by the sides compressing upwards and
inwards and the center buckling upward into a convex upward
configuration, with the densified region provided by the channels
forming the fold lines.
As we understand Unger, the embossed channels 36 serve to position the
napkin in the proper “W-shaped” conformation to improve the napkin’s contact
with the wearer’s perineal area. We do not find, and the examiner has not
directed our attention to any teaching in Unger, of a pantiliner that may be
adjusted in size depending on panty size, by folding said pantiliner along at least
one embossed fold line to allow the periphery side areas of the pantiliner to be
positioned under a panty prior to, and while in use as required by appellants’
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