Ex parte BOONE - Page 2




          Appeal No. 98-1945                                                          
          Application 08/655,736                                                      





               Appellant’s invention pertains to a tampon device, a                   
          tampon applicator device, a tampon device kit, and to a method              
          of reminding a tampon user that a tampon has been used.  An                 
          understanding of the invention can be derived from a reading                
          of exemplary claims 1, 4, 10, and 16, copies of which appear                
          in the revised Appendix attached to “REPLY TO PAPER 23" (Paper              
          No. 24).                                                                    


               As evidence of obviousness, the examiner has applied the               
          documents listed below:                                                     


          Stump               3,429,312                     Feb. 25, 1969             
          Bossak              3,948,257                     Apr.  6, 1976             
          Thompson            4,332,251                     Jun.  1, 1982             
          Jones               4,941,688                     Jul. 17, 1990             


               The following rejection is before us for review.2                      



               2It is apparent that both the final rejection of claims 1 through 9, 19, 20, 22
          and 23 under 35 U.S.C. § 112, first paragraph, and the new ground of rejection under 35
          U.S.C. § 112, second paragraph, set forth in the answer, have been overcome by the entry
          of subsequently filed amendments.                                           
                                          2                                           





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