Appeal 2006-2347
Application 10/245,350
and thereby enhance commercial opportunities. See Dystar Textilfarben GmbH v.
C.H. Patrick Co., 464 F.3d 1356, 1368, 80 USPQ2d 1641, 1651 (Fed. Cir. 2006)
(noting that an implicit motivation to combine exists based on a universal desire to
enhance commercial opportunities when the improvement is technology
independent and the combination results in a product or process that is more
desirable).
With regard to dependent claims 2, 10, and 12, Johnson discloses additional
absorptive padding (28) borne by the backing (26) so as to be disposed below the
vaginal area of a woman wearing the device (col. 4, lines 19-22).
With regard to dependent claims 3, 4, 7, 13, and 15, Johnson discloses that
the cloth can be made of a topsheet (24) and backsheet (26), where the topsheet
(24) is made of woven or non-woven webs of natural fibers including cotton (col.
5, line 64 – col. 6, line 1), and the backsheet (26) is made of a thin plastic film (col.
5, lines 21-22).
With regard to dependent claims 5, 6, 9, 14, and 19, Johnson discloses an
elasticized leg cuff (32) for providing improved containment of liquids and other
body exudates (col. 6, lines 48-49).
With regard to claims 8, 16, and 20, Johnson discloses an elasticized
waistband (34) that is an extension of the backsheet (26) (col. 7, lines 31-36).
With regard to dependent claim 18, Johnson discloses a vertical elastic side
band (30) on each side of the garment for holding the cloth portions snug about the
person’s pelvic region and leg portions (Figure 1).
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