CORREA et al. V. ROBERTS et al. - Page 35





              Interference No. 105,019                                                                                              
              Correa v. Roberts                                                                                                     
              from the indication in Correa's claim 1 that the absorbent cuff is for containing liquid and also                     
              from the indication in Molee that the transverse barrier is for inhibiting the transmission of body                   
              fluid to the ends of the article (column 4, lines 62-66) and in Csillag that the impregnated narrow                   
              zones are for providing an effective barrier to leakage (column 5, lines 53-55). The nature of the                    
              problem is revealed in both Molee and Csillag as well as Correa's claim I as prior art. Any                           
              improper reliance by Roberts on the specification of Correa in that regard is of no consequence.                      
                      Although not cited by Roberts in connection with its preliminary Motion 1, we find it                         
              appropriate to note, but not relying thereon for our decision, the following passage of the Lawson                    
              '246 reference (Exhibit 1008) in column 7, lines 30-37:                                                               
                              The elastically contractible gasketing cuffs 56 are disposed adjacent the                             
                      periphery 28 of the diaper 20, preferably along each longitudinal edge 30 so that                             
                      the gasketing cuffs 56 tend to draw and hold the diaper 20 against the legs of the                            
                      wearer. Alternatively, a gasketing cuff 56 may be disposed adjacent either or both                            
                      of the end [upper and lower] edges 32 of the diaper 20 to provide a waistcuff                                 
                      rather than leg cuffs.                                                                                        
              Roberts need not have relied on the Lawson '246 reference, because Molee and Csillag already                          
              provide the necessary suggestion to have barriers on the longitudinal ends which extend across the                    
              width of the absorbent article.                                                                                       
                      Roberts' Preliminary Motion I is granted.                                                                     









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