Appeal No. 2000-1728 Page 10
Application No. 08/785,128
context of sanitary napkin articles having both primary and secondary absorbent members
(Brief, pages 7 and 8).
With regard to their invention, the appellants explain in the specification that
the [uppermost] absorbent core is compressible such that the primary
absorbent member will deform under relatively small forces that are
experienced during normal use. In addition to being compressible, the
materials comprising the absorbent core are preferably conformable such
that the primary absorbent member is able to provide improved fit into and
around the labia and perineum (pages 8 and 9).
It is stated in the Brief (page 4) that this allows collection of exudates before they exit the
body, which is advantageous because it prevents them from contacting the wearer’s skin
or clothing. We share the examiner’s view that the uppermost absorbent core of the
DesMarais sanitary napkin is capable of functioning in this manner, and therefore meets
the limitation of being sized “to fit at least partially within the labial groove of a wearer
during use” (emphasis added). Our reasoning follows.
DesMarais is directed to a compound sanitary napkin comprising joined upper and
lower absorbent members, with the upper one being the primary absorber and in contact
with the wearer’s body and the lower one being a panty protector. There are some
commonalities between the DesMarais primary absorbent member and that of the
appellants’ invention which support the conclusion that the DesMarais napkin will perform
in the same fashion as the claimed napkin with regard to the labial groove limitation in
claim 13, that is, will fit at least partially within the labial groove of a wearer during use. The
Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: November 3, 2007