Appeal 2006-3402
Application 10/397,949
STATEMENT OF THE CASE
Tara Glasgow et al. (Appellants) appeal under 35 U.S.C. § 134 from
the Examiner’s decision rejecting claims 1-9, all of the pending claims. We
have jurisdiction over this appeal under 35 U.S.C. § 6 (2002).
Appellants’ claimed invention is directed to a sanitary napkin having a
strip of material or tail that extends rearwardly and is adapted for receipt in
the intergluteal crevice to permit the pad portion of the napkin to fit more
snugly against the body, thereby providing improved protection
(Specification 1). Claim 1, the only independent claim, reads as follows:
1. A feminine hygiene pad comprising:
(a) a main pad body having an absorbent core
system positioned between a pad cover material
and a barrier layer, a rear end which in use is
located in proximity to a wearer's buttocks and an
opposed front end, a first face adapted to contact
with the wearer's body and an opposing second
face adapted to face toward an undergarment of the
wearer, a main pad body thickness being defined
as the dimension of the main pad body from the
first face to the second face, said main pad body
adapted to be worn in close proximity to the
vagina of the wearer;
(b) said absorbent core system being adapted to
not significantly extend beyond the anterior
portion of the perineum of the wearer in use;
(c) said pad further comprising a substantially
planar tail, said tail being relatively small in
thickness compared to the thickness of the main
pad body, and said tail extending rearwardly from
said rear end of the main pad body, terminating at
a distal end; and,
(d) wherein said pad being configured such that
said tail is adapted to be received between the
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