clearly indicate that the sexual meaning of the word was intended.
The Applicant proposes that the Examiner’s determination as to the Applicant’s intent is irrelevant. The use of the word is multi-meaninged, but whether the sexual context was intended has no bearing upon the Application, nor upon this Appeal.
Applicant believes that the human body is a thing of beauty to be celebrated, and Applicant contends that sexual expression transmits an important message of eroticism, body acceptance, and sexual freedom. Additionally, Applicant contends that the female orgasm is frequently ignored in erotica, and that traditional erotica has often displayed women as objects to be used, much like machines, for the sexual gratification of men. Applicant’s publication uses machines to bring about the female orgasm in a number of ways, by use of machines specifically designed for this purpose. These machines have the ability to bring formerly non-orgasmic women to the point of sexual ecstasy, and thus release them from lifetimes of sexual dissatisfaction and repression. Applicant’s publication demonstrates these devices and techniques for the enjoyment and instruction of its subscribers, and its title plays upon the imagery and terms in a purposeful manner.
This erotic message has a political component as well as its obvious sensual and instructional components, as the issue of governmental regulation of human sexuality is an ongoing matter of public concern and discourse, as is the suppression of female sexuality.
The erotic expression offered by Applicant (and sought to be protected as a legitimate online publishing business) is not intended to be, nor is it, obscene, as measured by contemporary community standards. Applicant does not intend this expression to appeal to any prurient interest. Applicant intends its works of expressive art to be expressions of eroticism,
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