Appeal No. 1998-2262
Application 08/745,303
of claims 33 through 90, all of the claims pending in the
application. We affirm-in-part.
The invention relates to “women’s disposable
undergarments having a fluid repellent region and an absorbent
layer to be used with a woman’s normal feminine care
protection during her menstrual period” (specification, page
1). A copy of claims 33 through 90 appears in the appendix to
the appellants’ brief (Paper No. 27).2
The references relied upon by the examiner as evidence of
obviousness are:
Southwell 4,560,381 Dec.
24, 1985 Tanzer et al. (Tanzer) 5,425,725
Jun. 20, 1995
(filed Jan. 29, 1993)
Watanabe et al. (Watanabe) 5,449,353 Sep. 12,
1995
(filed Oct. 1,
1993)
Horney 5,599,339 Feb. 4,
1997
2 The terms “said waist opening” in claims 43 and 44 and
“said secondary absorbent” in claim 52 lack a proper
antecedent basis. These informalities are deserving of
correction in the event of further prosecution before the
examiner.
2
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