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. 3Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
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