Ex Parte Edens et al - Page 3



                Appeal No. 2006-1493                                                                          
                Application No. 10/037,276                                                                    

           1                 length, a maximum width of no greater than about                                 
           2                 70 mm, a widest portion, a width at the widest                                   
           3                 portion, a narrowest portion, a width at the                                     
           4                 narrowest portion which is smaller than said width                               
           5                 at the widest portion, a maximum thickness of no                                 
           6                 greater than about 10 mm, first (70) and second                                  
           7                 (72) end regions and a central region (74) disposed                              
           8                 between the first and second end regions, and first                              
           9                 (80) and second (82) spaced apart longitudinal                                   
          10                 sides, the longitudinal sides together with the                                  
          11                 transverse ends generally forming the periphery of                               
          12                 the absorbent, wherein the widest portion of the                                 
          13                 absorbent is not situated in the central region, and                             
          14                 the article is to be folded parallel to said                                     
          15                 longitudinal axis prior to disposition within the                                
          16                 vestibule of the wearer.                                                         
          17                                                                                                  
          18                                   The Evidence                                                   
          19          The Examiner relies upon the following as evidence of                                   
          20    unpatentability:                                                                              
          21    McFall                   US 6,432,096 B1                 Aug. 13, 2002                       
          22                                   The Rejections                                                 
          23          Appellants seek review of the Examiner’s rejections of claims 1, 2, 5-                  
          24    10, 13-17, 27, 28, and 31-35 under 35 U.S.C. § 102(e) as being anticipated                    
          25    by McFall and claims 3, 4, 11, 12, 18, 22-26, 29, and 30 under 35 U.S.C. §                    
          26    103(a) as being unpatentable over McFall.1                                                    
                                                                                                             
                1 The Vukos patent (US 5,484,429) cited on page 3 of the Answer has not                       
                been considered because it was not positively included in the statement of                    
                                                      3                                                       



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