Ex Parte CONTENTE et al - Page 8


          Appeal No. 97-2555Application No. 08/215,062                                Page 8           
          rim means is composed of material that includes a shape memory              
          material.                                                                   
               Davis discloses a catamenial device that presents a                    
          reservoir for the uterine discharge and with an expendable tampon           
          retained therein (column 1, lines 63-66).  As shown in Figures 1            
          and 3, the catamenial device includes a diaphragm D stabilized in           
          position by its flexible rim R.  The rim R is reinforced by                 
          spring coil 10 weakened at diametrically opposite portions (not             
          shown) so as to facilitate collapse for insertion into position             
          in the vagina.  The rim R carries a cover C provided with an                
          inturned lip 21 to define an opening 20.  The diaphragm D and the           
          cover C are formed of supple and pliant elastic material within             
          which a tampon T is inserted.  In addition, Davis teaches that a            
          spermicidal preparation can be applied to the cover C.                      
               Claims 82 and 86 are readable on Davis.  Claim 86 reads on             
          Davis as follows: A vaginal discharge collector (Davis'                     
          catamenial device) comprising: a body means (Davis' diaphragm D)            
          for providing a collection space and having an annular opening              
          for the passage of discharge into said space, said body means               
          having a top; and an annular rim means (Davis' rim R) for                   
          providing resilient outward holding force sufficient for holding            
          the collector in position during use, said rim means being                  



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