Ex Parte COSTA - Page 1




               The opinion in support of the decision being entered                   
               today was not written for publication in a law journal                 
               and is not binding precedent of the Board.                             
                                                               Paper No. 30           

                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                                                                     
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                                                                     
                               Ex parte ROGERIO COSTA                                 
                                                                                     
                                Appeal No. 2004-1174                                  
                             Application No. 09/470,793                               
                                                                                     
                                      ON BRIEF                                        
                                                                                     
          Before KIMLIN, WARREN and KRATZ, Administrative Patent Judges.              
          KIMLIN, Administrative Patent Judge.                                        

                                 DECISION ON APPEAL                                   
               This is an appeal from the final rejection of claims 1, 2,             
          5-11 and 14-17.  Claim 1 is illustrative:                                   
               1.  A disposable sanitary napkin comprising a top layer, a             
          coating layer and an absorbing core intermediate the top layer              
          and the coating layer, the sanitary napkin adapted to be worn in            
          a user's panties and having a longitudinal dimension and a                  
          transverse dimension, wherein the absorbing core further                    
          comprises three or more longitudinally extending substantially              
          independent absorbing panels, each absorbing panel being                    
          separated in the transverse dimension by channels, and wherein              
          the top layer is sealed to the coating layer in the channels                
          between adjacent absorbing panels, along a longitudinal line to             
          form a joining means that allows the panels to pivot in relation            
          to each other; and wherein there are either 3 or 5 absorbing                
          panels.                                                                     

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