Appeal No. 97-1027
Application 08/218,954
pending in the application.
Despite the fact that claim 40 has been included in the
statement of the appealed claims in appellants’ notice of appeal
(paper No. 17), no specific rejection is found in the examination
of this application leading up to and including the final
rejection (paper No. 13) or in the examiner’s answer (paper No.
19). In short, no specific rejection of claim 40 appears to have
been made in the examination of this application. On the record
before us, we therefore dismiss the appeal as to claim 40 for
lack of jurisdiction inasmuch as no rejection or other adverse
decision of claim 40 is before us. See 35 U.S.C. § 7(b).
Appellants’ invention relates to an absorbent article and
more particularly to a sanitary napkin having first, second and
third absorbent layers (12, 13 and 15) disposed between a liquid
permeable cover (11) and a liquid impermeable baffle (14).
According to one feature of appellants’ invention, the third
layer (15), which lies between the first and second layers (12,
13), has a transverse wicking rate which is less than that of the
second layer (13), and the second layer (13) has a transverse
wicking rate which is greater than that of the first layer (12)
so that body fluid is transversely routed in the second layer
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