Ex Parte Hammons et al - Page 2


                Appeal 2007-2825                                                                             
                Application 10/262,036                                                                       
           1          The application on appeal was filed on 01 October 2002.                                
           2          The application was published as Publication 2004/0064117 A1 on                        
           3    01 April 2004.                                                                               
           4          P&G does not claim benefit of any earlier filed application.                           
           5          The real party in interest is The Procter & Gamble Company (P&G).                      
           6          The Examiner rejected claims 1-20 and 22 (all of the claims) under                     
           7    35 U.S.C. § 103(a) as being unpatentable over the combination of Roe and                     
           8    Elder.  The reader should know that no references to et al. are made in this                 
           9    opinion.                                                                                     
          10          The following prior art was relied upon by the Examiner.                               
          11                                                                                                 
          12          Name                 Patent Number                 Issue Date                          
          13    Roe                      US 5,643,588              01 Jul. 1997                              
          14    Elder                    US 6,107,537              22 Aug. 2000                              
          15                                                                                                 
          16          Roe and Elder are prior art under 35 U.S.C. § 102(b).                                  
          17                                                                                                 
          18          B.  Record on appeal                                                                   
          19          In deciding this appeal, we have considered only the following                         
          20    documents:                                                                                   
          21                1.  Specification, including original claims.                                    
          22                2.  Drawings.                                                                    
          23                3.  Final Rejection entered 27 September 2005.                                   
          24                4.  The Appeal Brief filed 30 January 2006.                                      
          25                5.  The Examiner’s Answer entered 19 April 2006                                  
          26                6.  Roe.                                                                         


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