Interference No. 105,019
Correa v. Roberts
that a channel is formed to restrain, contain and hold body exudates, and that such a channel
inherently restrains, contains, and holds body fluids. The effect is the same as that identified by
Roberts in its Clean Copy of Claims (Exhibit 2005), by reference to Item 109 of Figures 2 and 7
of Roberts' specification, in connection with the wherein clause of claim 14.
The argument set forth by Roberts with respect to claim 14 is much the same as that
made with respect to claim 20. Roberts argues that the preamble of claim 14 sets forth that the
claimed article is a sanitary napkin, whereas the Lawson '278 reference discloses a diaper, not a
sanitary napkin. This argument is rejected for the same reasons we already discussed above in the
context of claim 20. In short, the intended use of the article as a sanitary napkin does not change
the structural configuration of the claimed article or the cooperative relationships of all its
components, and that the term "sanitary napkin," when construed as broadly as reasonably
permitted, means only an absorbent pad for wear by women during menstruation to absorb the
uterine flow. The "diaper" of the Lawson '278 reference is also for wear by incontinent persons
generally and is not limited to wear by infants or toddlers.
Claim 14 does additionally recite in its preamble that the sanitary napkin is of the type for
placement in an undergarment. No evidence has been submitted by Roberts to show that such
sanitary napkins for placement within an undergarment must or must not have certain particular
structural features. Roberts also has not referenced any part of its specification which sets forth
that such type of sanitary napkin must or must not have a certain structural feature. Roberts
further has not argued that such "type" of sanitary napkins must or must not have any special
structural features as distinguished from other types of sanitary napkins. Construing the term as
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