Interference No. 105,019
Correa v. Roberts
understanding that the term "flap" as applied to absorbent articles has long been understood to
denote the elongated structures extending from the sides of the main body of the absorbent article,
albeit what is referred to as "the elongated structures" by the parties is not entirely clear. Neither
party presented evidence that the term "flap" has a special meaning in the art that is contrary to its
ordinary meaning or usage in the English language. To the extent party Roberts has argued for
such a special meaning, the argument is rejected.
Claim 14 does not specify the particular function of the recited flaps. Accordingly, flaps
which serve as ties or flaps which provide a gasketing function are both adequate to meet the
recitation. Senior party Roberts had ample opportunity to amend its application claims as a
response to junior party's preliminary motion 2 to recite particularly that the flaps tie the sanitary
napkin to the undergarment. Had it done so, the Lawson '278 reference would not be sufficient
to meet what is claimed. But that is not the circumstance now before us.
With regard to claims 15, 16 and 18, each of which depends from claim 14, Roberts does
not dispute that the Lawson '278 reference discloses the features additionally recited in those
claims relative to independent claim 14. Claim 19 depends from claim 14 and further recites that
said flap is an extension of the topsheet and the backsheet. Roberts admits and does not dispute
Correa's statement that the Lawson '278 reference discloses that the side flaps 58 are formed
from the extension of the backsheet 42 and the topsheet 38. We find that the feature set forth in
claim 19 is indeed met by the Lawson '278 reference, which in column 7, lines 56-57, states "the
side flaps 58 are formed from the extension of the backsheet 42 and the topsheet 38
.... Claim 22 depends from claim 20 and further recites that the barrier elements comprise a
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Last modified: November 3, 2007