Appeal 2006-2347
Application 10/245,350
BACKGROUND
The appellant's invention relates to a feminine hygiene short. Claim 1,
reproduced below, is representative of the subject matter on appeal. A copy of all
of the claims can be found in the appendix to the appellant’s brief.
1. A feminine hygiene device comprising a liquid
impervious cloth for covering the pelvic region and upper
parts of the legs of a woman, and elastic side bands for
tensioning the cloth snugly about the pelvic region and
the legs.
The examiner relies upon the following as evidence of unpatentability:
Branch 4,813,950 Mar. 21, 1989
The following rejection is before us for review.
1. Claims 1-20 stand rejected under 35 USC § 102(b) as being anticipated by
Branch.
Rather than reiterate in detail the conflicting viewpoints advanced by the
examiner and the appellant regarding this appeal, we make reference to the
examiner's answer (mailed March 15, 2006) for the examiner's complete reasoning
in support of the rejection and to the appellant's brief (filed January 9, 2006)1,
1 The appellant filed an Appeal Brief on July 11, 2005; however, the examiner
found the brief to be defective. See Notification of Non-Compliant Appeal Brief
(37 C.F.R. § 41.37), mailed September 19, 2005. The appellant filed an Appeal
Brief Supplement on September 29, 2005, which was also found to be defective.
See Notification of Non-Compliant Appeal Brief (37 C.F.R. § 41.37), mailed
2
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