Appeal No. 2002-0741
Application No. 08/935,348
claims under appeal therein under 35 U.S.C. § 103. The subject
matter of the appealed claims in the present application is
similar to the subject matter of the appealed claims in the prior
appeal.
As stated on page 1 of the specification, “[t]he present
invention relates to a disposable absorbent article having a
body-facing adhesive to be positioned against a wearer’s skin.
In one aspect, the invention relates to a catamenial device
having a supportive adhesive residing on the body-side surface of
the device.”
The references cited in the final rejection are:
Lichstein 5,658,270 Aug. 19, 1997
Paul 5,559,165 Sep. 24, 1996
Vukos GB 2 284 767 A Jun. 12, 1995
(published Great Britain Patent Application)
Zacharias et al. WO 96/13238 May 9, 1996
(published World Intell. Prop. Org. Application) (hereinafter
referred to as Zacharias PCT ‘238)
The following rejections are before us for review:1
(a) claims 1-20, rejected under 35 U.S.C. § 112, first
paragraph, “as based on a disclosure which is not enabling”
1In the final rejection, claims 1-20 were also rejected
under 35 U.S.C. § 112, second paragraph. In that this rejection
was not included in the examiner’s answer, it is presumed to have
been withdrawn. Ex parte Emm, 118 USPQ 180, 181 (Bd. App. 1957).
2
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