Appeal 2007-1666
Application 10/132,904
Second, the Appellant argues that the water-insoluble compliant and water-
soluble lubricious components in Yin (24, 36, 46, and 52) do not constitute the
initial skin-contacting surface of the guard, as required by claim 1. Rather, the
Appellant contends that the initial skin-contacting surface of the guard in Yin is
defined by the fins 26, 38, 48, and 58 that are leading, and hence would first
engage the user's skin (Appeal Br. 6, 7).
Addressing the Appellant’s first argument, the crux of this argument rests on
determining what “therewith” refers to in claims 1 and 19. We read the term
“therewith”, first and second occurrences, to refer to the claim element which
immediately precedes the “water soluble lubricious component”, namely, the
“water insoluble compliant component.” Thus, we interpret claims 1 and 19 to
require only that the “water soluble lubricious component” and the “water
insoluble compliant component” be substantially uniformly mixed and integrally
formed with one another.
As found supra (FF 2), the guard in Yin is comprised of a matrix of a water-
insoluble polymer and, dispersed within the matrix, a skin lubricating water-
soluble polymer. Thus, Yin’s composite material is comprised of a water-insoluble
compliant component and a water-soluble lubricious component, which by virtue
of the matrix, are integrally formed and substantially uniformly mixed with each
other, as required by independent claims 1 and 19.
The Appellant further argues Yin discloses a guard structure comprised of
three distinct components, whereas the Appellant’s guard is an integrally formed
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