Appeal 2006-3402
Application 10/397,949
buttocks of the wearer to thereby facilitate
retaining said main pad body adjacent to the
wearer's vagina.
The Examiner relies upon the following as evidence of
unpatentability:
Hyun US 5,383,868 Jan. 24, 1995
Knox-Sigh US 5,520,675 May 28, 1996
Muller WO 90/04956 May 17, 1990
Appellants seek review of the Examiner’s rejections under 35 U.S.C.
§ 103(a) of claims 1-4 and 9 as unpatentable over Knox-Sigh in view of
Hyun and claims 5-8 as unpatentable over Knox-Sigh in view of Hyun and
Muller.
The Examiner provides reasoning in support of the rejections in the
Answer (mailed June 30, 2005). Appellants present opposing arguments in
the Appeal Brief (filed July 6, 2004).
OPINION
The Examiner finds that Knox-Sigh meets all the limitations of claims
1-4 and 9 with the exception of the pad cover and barrier layer, as recited in
claim 1, and adhesive, as recited in claim 9 (Answer 3-4). The Examiner
determines that it would have been obvious to include the pad cover and
barrier layer on the Knox-Sigh feminine hygiene pad in order for the pad to
function optimally as a sanitary pad, as pad covers and barrier layers are
elements typically included in sanitary napkins, as evidenced by Hyun.
(Answer 3). The Examiner further determines that it would have been
obvious to further modify Knox-Sigh to include the adhesive securing
means, as taught by Hyun, to securely anchor the pad to the undergarment
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