Appeal No. 2005-1242 Page 5
Application No. 09/242,014
The appellant states in the brief that claim 1 is directed only to the Figure 3
embodiment of the invention in which side wrapping elements integral with the main
body portion are folded along fold lines and attached to the garment facing side of the
main body portion such that the side wrapping elements are pre-positioned in an
in-use-position prior to the use of the disposable absorbent article. The appellant
asserts that claim 1 is not readable on the Figure 4 embodiment of the invention in
which separate side wrapping elements are attached to the garment facing side of the
main body portion such that the side wrapping elements are pre-positioned in an
in-use-position prior to the use of the disposable absorbent article. The appellant
argues that Widlund teaches separate flaps attached to the garment facing side of the
main body portion akin to his Figure 4 embodiment, not the claimed Figure 3
embodiment.
Claim 1 is not anticipated by Widlund. Claim 1 requires the disposable
absorbent article to include side wrapping elements integral with the main body portion
are folded along fold lines and attached to the garment facing side of the main body
portion such that the side wrapping elements are pre-positioned in an in-use-position
prior to the use of the disposable absorbent article. While Widlund's flaps may well be
considered to be "integral" with the main body portion as argued by the examiner
(answer, p. 4), Widlund's flaps are not integral with the main body portion and folded
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