Interference No. 105,019
Correa v. Roberts
layer of foam. Roberts admits and does not dispute Correa's statement, citing to column 9, lines
1-4, that the Lawson '278 reference discloses that the barrier cuff 62 may be manufactured from
foam. We find that the feature set forth in claim 22 is indeed met by the Lawson '278 reference,
which in column 9, lines 1-4, states "The barrier cuff 62 may be manufactured from a wide variety
of materials such as polypropylene, polyester, rayon, nylon, foams, plastic films, formed films, and
elastic foams."
For the foregoing reasons, junior party Correa has shown that claims 14-16, 18-20 and 22
of Roberts are unpatentable under 35 U.S.C. § 102(b) as being anticipated by U.S. Patent No.
4,695,278.
As for the patentability of Correa's own claims corresponding to the count over the
Lawson '278 reference, we express no view. The issue need not be decided, because judgment is
concurrently entered herewith against junior party Correa on the ground of priority. Evenif
Correa's claims are patentable over the prior art asserted by Correa against Roberts, Correa still
would not be entitled to these claims.
C. Correa's Preliminq1y Motion 3
By this preliminary motion, Correa asserts that claim 23 of Roberts is unpatentable under
35 U.S.C. § 112, first paragraph, for lack of written description in the specification. Claim 23
depends from claim 20 and recites as follows:
23. The sanitary napkin of Claim 20 further comprising a pair of flaps said flaps
comprising said topsheet, said backsheet, and said barrier elements.
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