Ex Parte BURNES et al - Page 1




                   The opinion in support of the decision being                      
                   entered today was not written for publication                     
                  and is not binding precedent of the Board.                        


                                                              Paper No. 19           
                     UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                    ____________                                     
                        BEFORE THE BOARD OF PATENT APPEALS                           
                                 AND INTERFERENCES                                   
                                    ____________                                     
                        Ex parte ANDREW SCOTT BURNES ET AL.                          
                                    ____________                                     
                                Appeal No. 2001-2292                                 
                             Application No. 09/072,172                              
                                    ____________                                     
                                      ON BRIEF                                       
                                    ____________                                     

         Before COHEN, STAAB and McQUADE, Administrative Patent Judges.              
         McQUADE, Administrative Patent Judge.                                       


                                 DECISION ON APPEAL                                  
              Andrew Scott Burnes et al. appeal from the final rejection             
         of claims 9, 14 through 16, 18 and 28.  Claims 10 through 13, 17,           
         19 through 27 and 29 through 46, the only other claims pending in           
         the application, stand withdrawn from consideration pursuant to             
         37 CFR § 1.142(b).                                                          


                                   THE INVENTION                                     
              The subject matter on appeal relates to a feminine hygiene             
         absorbent system particularly suited to accommodate the viscous             
         nature of menses fluid.  Representative claim 9 reads as follows:           






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