Appeal No. 2005-0961
Application No. 09/990,787
hydrophobic nonwoven material. This interpretation of claim 1,
though broad, is reasonable and consistent with the appellants’
specification which explicitly discloses an embodiment wherein
the bodyside layer of the appellants’ invention, like the
bodyside layer of Chen’s invention, is preferably made from a
blend of hydrophilic fibers and hydrophobic fibers (see the first
paragraph on specification page 13).
Under these circumstances, we agree with the examiner’s
finding that independent claim 1 is anticipated by Chen.
Regarding separately argued independent claim 13, the
appellants in essence reiterate their above discussed argument by
stating that claim 13 “further reinforces the fact that the
hydrophilic layer would face the body of the wearer by the
liner’s relationship with the other components of the pantiliner
claimed” (brief, page 7). However, for reasons analogous to
those previously discussed, the claim 13 pantiliner would
encompass Chen’s pantiliner embodiments wherein the liner is in
the form of multiple plies (again see page 48) and wherein the
liner bodyside surface comprises a mixture of hydrophobic as well
as hydrophilic nonwoven materials (again see page 5).
Furthermore, this interpretation of claim 13 is reasonable and
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