Appeal No. 2004-1928 Page 2
Application No. 09/796,375
BACKGROUND
The appellants' invention relates to disposable incontinence underpants having a
liquid impervious portion and an absorbent core shifted forward for containing and
absorbing body discharges and waste (specification, p. 1). A copy of the claims under
appeal is set forth in the appendix to the appellants' brief.
Claims 1 to 20 stand rejected under 35 U.S.C. § 112, second paragraph, as
being indefinite for failing to particularly point out and distinctly claim the subject matter
which the appellants regard as the invention.
Claims 1 to 20 stand rejected under 35 U.S.C. § 102(b) as being anticipated by
PCT International Publication No. WO 95/14453 to Roe et al. (Roe).
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellants regarding the above-noted rejections, we make reference to the final
rejection (mailed January 31, 2003) and the answer (mailed June 18, 2003) for the
examiner's complete reasoning in support of the rejections, and to the brief (filed April
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