Interference No. 105,019
Correa v. Roberts
At oral argument on July 31, 2003, the motions panel asked counsel for Roberts just what
structural feature is required by the recitation of "sanitary napkiW' in the preamble, which is not
found in the Lawson '278 reference. Counsel for Roberts' response was that a sanitary napkin
must have the ability to be placed in an undergarment and have flaps that wrap around the edges
of the undergarment, while also having cuffs that stand up from the top sheet (Oral Argument
Transcript at 32). The problem is that the assertion of Roberts' counsel is not supported by
sufficient evidence in the record. Party Roberts did not submit the testimony of any technical
witness which represents that a "sanitary napkin" is a term of art understood by one with ordinary
skill as necessarily having flaps which wrap around the edges of an undergarment.
The specification of Roberts does not define "sanitary napkin," and as noted above, the
dictionary definition of "sanitary napkin" is simply an absorbent pad for wear by women during
menstruation to absorb the uterine flow. Furthermore, in proceedings before the USPTO, claim
terms in applications are properly construed according to their broadest reasonable interpretation
not inconsistent with the specification. In re Yamamoto, 740 F.2d 1569, 1571-72, 222 USPQ
934, 936-937 (Fed. Cir. 1984); In re Sneed, 710 F.2d 1544,1548, 218 USPQ 385, 389 (Fed. Cir.
1983). Here, the broadest reasonable interpretation for a "sanitary napkin" not inconsistent with
the specification is just what the dictionary defines, "an absorbent pad for wear by women during
menstruation to absorb the uterine flow," not the narrow construction urged by party Roberts
without justification, i.e., that it must have the specific kind of flaps having a structure capable of
wrapping around the edges of the undergarment of the wear. Moreover, if the issue is mere
"capability," as counsel for Roberts suggested during oral argument, we find that the flaps of
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