Interference No. 105,019
Correa v. Roberts
barrier cuffs of the Lawson '278 reference comprises absorbent material for absorbing and
containing body fluids which contact the barrier cuffs. In this context, we find that absorbable
"exudates" is another term for body fluids, and Roberts makes no contention that it is not.
Claim 14 additionally recites: "at least one lateral flap comprised of an extension of said
topsheet and said backsheet." Roberts admits and does not dispute that as disclosed in the
Lawson '278 reference side flaps 58 are formed from the extension of the backsheet 42 and the
topshect 38. We find that side flap 58 as shown in Figures 2 and 3 of the Lawson '278 reference
are comprised of an extension of the topsheet and the backsheet. In that regard, note column 7,
lines 55-56 of the Lawson '278 reference, which states that the side flaps 58 are formed from the
extension of the backshect 42 and the topsheet 38. Claim 14 further recites that at least a portion
of the barrier element is coextensive with the topsheet where it is joined thereto. Wefindthatas
is shown in Figure 3 of the Lawson '278 reference, a portion of the barrier cuff 62 in the bottom
area J .oined to the top sheet 38 is coextensive with the topsheet, just as Roberts has identified item
64 in its Figure 7 as the portion of the barrier element that is coextensive with its topsheet (See
Roberts Clean Copy of Claims - Exhibit 2005). Finally, claim 14 recites that "wherein, during
use, said barrier element is spaced away from said topsheet so as to stand up to contain fluids."
Roberts admits and does not dispute that the Lawson '278 reference discloses that during use, the
distal edge of the barrier cuff is sufficiently spaced away from the topshect top surface 40 so that
a channel 96 is formed to restrain, contain and hold body exudates. We find that as is shown in
Figure 3 of the Lawson '278 reference and discussed in Lawson '278's column 8, line 64 - column
9, line 1, the distal edge 66 of the barrier cuff 62 is sufficiently spaced away from the topsheet so
- is -
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