Appeal No. 2007-0752 Page 4
Application No. 09/957,109
being wider than the second longitudinal end. The pantiliner 1 and 6 may be
adjusted in size by folding the pantiliner 1 and 6 along at least one embossed
fold line 2 and 7 to allow the periphery side areas 4, 5, 9 and 10 to be positioned
under a panty prior to, and while the pantiliner 1 and 6 is in use.
As the examiner explains (Answer, page 3), “the claims do not require an
embossed fold line wherein the embossments are continuous” as in the
embossed fold line 2 of appellants’ figure 1. Instead, the examiner correctly finds
that the embossments may be discontinuous “which in combination create the
fold line” as in the embossed fold line 7 of appellants’ figure 2. Id.
In addition, the examiner finds that the phrase “does not penetrate the
baffle . . . is understood to mean to not extend through the baffle or perforate the
baffle so as to produce apertures or other openings. In other words,
embossments could extend into the baffle just not perforate it or extend through
it.” Id. In support of this construction the examiner directs attention to page 13,
lines 10-15 of appellants’ specification which states:
[i]t is preferred that the embossing not penetrate the baffle of the
pantiliner so as to produce apertures or other openings for the flow
of liquid, as this may result in the staining of the wearer’s garments.
It is also desired that the side areas 4, 5 not be detachable from the
central area 3. Embossing through the baffle may make the
detachment of the side areas 4, 5 more likely since it may perforate
the line of embossing 2. Such perforation is to be avoided.
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