Ex Parte Koenig - Page 2


              Appeal No. 2006-0185                                                                 Page 2                
              Application No. 10/159,253                                                                                 

              the resulting article acts to prevent the attachment of pathogenic yeast or other pathogenic               
              fungi to the wearer’s skin during use.”  Page 3, lines 17-22.  In a preferred embodiment,                  
              the specification also states that “[t]he isoprenoid compound can be applied to the article                
              in solution at a concentration of between about 0.001% and about 2% by weight of the                       
              solution.”  Page 3, line 22 – page 4, line 4.  Also, “suitable personal care articles include,             
              but are not limited to…health care articles, such as medical care articles, dental care                    
              articles, veterinary care articles, bandages, and wound dressings…[and] include pre-                       
              moistened wipes, absorbent wipes, bath tissue, facial tissue, lotions, and creams.”  Page                  
              15, lines 11-22.                                                                                           


                                                       Discussion                                                        
              1.  Claim construction                                                                                     
                     Claims 1, 3-6, 8-24, and 26-57 are pending.  Since Appellant has not argued the                     
              claims separately, they will stand or fall together.  See 37 CFR 41.37(c)(1)(vii).  We will                
              focus on claim 1 as the representative independent claim; claims 3-6, 8-24, and 26-57                      
              will stand or fall with claim 1.  Claim 1 reads as follows:                                                
                     1. A personal care absorbent article, comprising:                                                   
                                   a personal care absorbent article substrate; and                                      
                                   an isoprenoid compound comprising at least one of the group                           
                            consisting of farnesol, atlantol, (-)alpha-bisabolol, spathulenol, borneol,                  
                            trans-pinocarveol, and combinations thereof; wherein the isoprenoid                          
                            compound is applied to at least a skin-contacting surface of the substrate in                
                            an amount effective to inhibit pathogenic fungi attachment to skin; and                      
                            wherein the pathogenic fungi comprises at least one of the group                             
                            consisting of Candida albicans, Mallessia, Tricophyton, Epidermophyton,                      
                            Scytalidium, Fusarium, Acremonium, Aspergillus, Scopulariopsis, and                          
                            Pityrosporum.                                                                                





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