Appeal 2007-3934
Application 10/324,860
within at least a portion of the roll’s cylindrical interior space.1 Claims 2-10
depend from claim 1. The only other independent claim, claim 11, is
substantially similar to claim 1 but requires that the second substrate is at
least partially enclosed by a container, wherein at least a portion of the
container is located in the roll’s cylindrical interior space and the second
substrate is dispensed from the container. Claims 12-19 depend from claim
11. Appellant’s Fig. 3 provides a fair representation of one embodiment of
the invention set forth in Appellant’s claim 1.
Fig. 3 is said to illustrate a co-packaged first and second substrate
(Specification 2: 10). Element 20 depicts a first substrate that is wound
around a core 22 into a roll 24 (Specification 3: 11-12). Interior space 26 is
generally cylindrical and is located within roll 24 (Specification 3: 12-13).
1 Claim 1 further requires that the first substrate is dispensed from the roll’s
periphery and the second substrate is dispensed from the cylindrical interior
space. The Examiner finds that the claims recitation of the manner in which
the substrates are dispensed is a statement of the intended use of the product
(Final Rej. 3; Answer 3). We agree. In re Pearson, 494 F.2d 1399, 1403,
181 USPQ 641, 644 (CCPA 1974) (“[T]erms [that] merely set forth the
intended use for . . . an otherwise old composition . . . do not differentiate
the claimed composition from those known in the prior art.”).
3
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