Ex Parte Durel-Crain - Page 2




              Appeal No. 2004-0563                                                                                      
              Application No. 09/975,747                                                                                


              preventing the tampon string from completely retreating into a user’s vagina.  On page                    
              3, it is also noted that the longer than customary string on appellant’s tampon makes it                  
              easier for a woman to locate the free end of the string.                                                  
                     Claims 20 and 22 on appeal read as follows:                                                        
                     20.    Apparatus comprising:                                                                       
                            a tampon;                                                                                   
                            a tampon string attached to the tampon, the tampon string having a first                    
                            end attached to a tampon and a second, free end distal from the tampon,                     
                            the tampon string having a length of 9" to 13".                                             
                     22.    The apparatus of claim 20, wherein the tampon string has a length of 11"                    
                            to 12.5" (27.9-31.8 cm).                                                                    
                     The sole prior art reference of record relied upon by the examiner as evidence                     
              of obviousness of the claimed subject matter is:                                                          
              Yeo                                5,533,990                          Jul. 9, 1996                        
                     Claims 20 and 22 stand rejected under 35 U.S.C. § 103(a) as being                                  
              unpatentable over Yeo.                                                                                    
                     Reference is made to the examiner's answer (Paper No. 12, mailed April 23,                         
              2003) for the reasoning in support of the above-noted obviousness rejection and to                        
              appellant’s brief (Paper No. 11, filed April 1, 2003) for appellant’s arguments                           
              thereagainst.                                                                                             
                                                      OPINION                                                           


                                                           2                                                            





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007