Ex parte GROSS - Page 2




                 Appeal No. 97-2554                                                                                                                     
                 Application No. 08/164,112                                                                                                             


                          This is an appeal from the final rejection of claims 1, 3                                                                     
                 to 7 and 10 to 16.   The other claims remaining in the2                                                                                                     
                 application, claims 21 to 37, stand withdrawn from                                                                                     
                 consideration under 37 CFR 1.142(b) as being directed to a                                                                             
                 nonelected invention.                                                                                                                  
                          Claim 1, the only independent claim on appeal, reads:                                                                         
                          1.       A method for reducing malodor associated with a                                                                      
                 disposable absorbent product intended for the absorption of                                                                            
                 body fluid, said method comprising the step of:                                                                                        
                          applying to said absorbent product comprising an                                                                              
                 absorbent structure exhibiting a weight and comprising from                                                                            
                 about 30 to 100 weight percent, based on total weight of the                                                                           
                 absorbent structure, of a hydrogel-forming polymeric material,                                                                         
                 prior to use of the absorbent product, a surface-active agent                                                                          
                 having a hydrophilic/lipophilic balance (HLB) of less than                                                                             
                 about 12 in an amount effective to reduce urine odor wherein                                                                           
                 said surface-active agent is applied to the absorbent product                                                                          
                 in an amount of from about 0.005 to about 25 weight percent                                                                            
                 based on total weight of the hydrogel-forming polymeric                                                                                
                 material.                                                                                                                              
                          Claims 1, 3 to 7 and 10 to 16 stand finally rejected                                                                          
                 under 35 U.S.C. § 112, first paragraph, as being based on a                                                                            
                 specification which fails to enable the breadth of the claims.                                                                         

                          2Claim 20, also finally rejected, was cancelled by the                                                                        
                 amendment filed on February 12, 1996 (Paper No. 19).  This                                                                             
                 amendment also amended claim 1, thereby overcoming a rejection                                                                         
                 of claim 1 under 35 U.S.C. § 112, first paragraph, “with                                                                               
                 respect to the % by wt of hydrogel material” (Advisory Action,                                                                         
                 March 5, 1996 (Paper No. 20)).                                                                                                         
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