Ex Parte Hammons et al - Page 5


                Appeal 2007-2825                                                                             
                Application 10/262,036                                                                       
           1          With reference to Fig. 1, the P&G catamenial device 10 comprises                       
           2    (1) a body-contacting surface 12 with (2) a topsheet 14, (3) a liquid                        
           3    impervious backsheet 16 joined to topsheet 14, and (4) an absorbent core 18,                 
           4    and backsheet 16.  Lotion composition 22 is shown in two stripes (cross-                     
           5    hatched areas).  Specification 4:23-32.                                                      
           6          Topsheet 14 and lotion composition 22 are said to offer significant                    
           7    advantages over known topsheets and lotions.  Specification 4:33-34.                         
           8          According to P&G, the lotion can transfer from the topsheet to the                     
           9    skin and hair of the wearer, which is said to serve to make the skin and hair                
          10    hydrophobic as well.  Specification 5:7-8.                                                   
          11          We find no occasion to describe the details of the lotion composition,                 
          12    because (1) the Examiner and P&G appear to agree that the lotion                             
          13    composition is old and (2) on appeal P&G does not urge patentability based                   
          14    on the composition of the lotion.                                                            
          15          With respect to the "stripe," P&G reveals that the lotion composition                  
          16    can be applied in a plurality of stripes.  Specification 15:29-31.                           
          17          In fact, P&G prefers that the lotion be applied in a plurality of stripes              
          18    parallel to the longitudinal axis (Fig. 1 L—L looks somewhat like a V in                     
          19    Fig. 1 probably because the drawings are informal).  Specification 16:19-20.                 
          20          The use of stripes is said to allow both transfer of the lotion to a                   
          21    broader area of the vulva and improved fluid handling of the absorbent                       
          22    article.  Specification 16:20-21.                                                            
          23          The examples are written in the present tense and therefore we assume                  
          24    they are prophetic.  Specification 18:24 through 20:9.                                       



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