Ex Parte Hammons et al - Page 3


                Appeal 2007-2825                                                                             
                Application 10/262,036                                                                       
           1                7.  Elder                                                                        
           2                8.  PTO bibliographic data sheet for the application on appeal                   
           3                9.   Claims 1-20 and 22 on appeal as presented in the claims                     
           4    appendix of the Appeal Brief.                                                                
           5                                                                                                 
           6          C.  Issues                                                                             
           7          The issue on appeal is whether P&G has sustained its burden on                         
           8    appeal of establishing that the Examiner erred in rejecting the claims on                    
           9    appeal over the prior art.                                                                   
          10                                                                                                 
          11          D.  Findings of fact                                                                   
          12          The following findings of fact are believed to be supported by a                       
          13    preponderance of the evidence.  To the extent that a finding of fact is a                    
          14    conclusion of law, it may be treated as such.  Additional findings as                        
          15    necessary may appear in the Discussion portion of the opinion.                               
          16                                   The invention                                                 
          17          The invention relates to catamenial devices, such as sanitary napkins,                 
          18    for the adsorption of menses.  Specification 1:13-14.                                        
          19          According to P&G, disposable absorbent articles, such as diapers,                      
          20    training pants and catamenial devices having lotioned topsheets are known.                   
          21    Specification 1:20-21.                                                                       
          22          P&G tells us that known attempts at applying lotions to topsheets of                   
          23    absorbent products have been primarily directed to baby diapers.                             
          24    Specification 2:9-10.                                                                        




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