Appeal No. 2002-0913
Application No. 09/107,643
barrier cuffs may additionally be provided with absorbent means
secured to or within the barrier cuffs capable of absorbing and
retaining fluids, said absorbent means preferably being a layer
of airfelt secured along the inner surface of the barrier cuff.
At the outset, we observe that appellant does not challenge
the merits of the rejection of claims 11, 15, 16, 18, 21, 24-26,
28, 31, 34-36 and 38 as being anticipated by Foreman other than
to assert that these claims should be accorded the filing date of
the ‘681 design application, which would remove Foreman as a
reference. Since we have determined supra that Foreman is a
proper reference, this argument is not persuasive. Accordingly,
the standing § 102 rejection of these claims based on Foreman is
sustained.
We also sustain the anticipation rejection of claims 7, 8,
12, 13, 23 and 33 based on Foreman. Like the examiner, we
consider that the tunnel at the distal edge 266 of Foreman’s
second barrier cuff 262, which presents a soft nonjagged edge to
the wearer, constitutes a soft padding member that presents a
soft surface to the wearer, as broadly claimed in claims 7 and
12. We also consider that said tunnel constitutes a strip of
20
Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: November 3, 2007