Appeal No. 2001-2292
Application No. 09/072,172
9. A personal care product system comprising a
distribution/retention layer and a pad shaping layer wherein each
layer has a stain length ratio of 0.5 or less and said
distribution/retention layer has a saturation profile of 4 or
less, a density between 0.1 and 0.2 g/cc and an average pore size
diameter of about 40 to 500 microns.
THE REJECTIONS
Claim 9, and claims 14 through 16, 18 and 28 which depend
therefrom, stand rejected under 35 U.S.C. § 112, first paragraph,
as being based on a non-enabling specification.
Claims 9, 14 through 16, 18 and 28 also stand rejected under
35 U.S.C. § 112, second paragraph, as failing to particularly
point out and distinctly claim the subject matter the appellants
regard as the invention.
Attention is directed to the appellants’ brief (Paper No.
15) and to the examiner’s answer (Paper No. 16) for the
respective positions of the appellants and the examiner with
regard to the merits of these rejections.
DISCUSSION
I. The 35 U.S.C. § 112, first paragraph, rejection
Insofar as the enablement requirement of 35 U.S.C. § 112,
first paragraph, is concerned, the dispositive issue is whether
the appellant's disclosure, considering the level of ordinary
skill in the art as of the date of the appellant's application,
2
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