Appeal No. 96-2267
Application 08/154,344
from further consideration under 37 CFR § 1.142(b) as not
readable on the elected species.2
Appellant’s invention pertains to a menstrual cup, that is,
a small self-supporting receptacle for positioning in the vaginal
channel for collecting menstrual discharge. A prior art
menstrual cup is illustrated in Figure 1 and includes, inter
alia, a tube-like withdrawal extension 6 that can be used to
remove the cup from the vagina (specification, page 4). As
explained by appellant on page 2 of the specification,
removal of the menstrual cup from the vagina should be
accomplished on a regular basis for emptying, cleaning
and hygienic purposes. It has been determined,
however, that between such removal operations, it would
be a matter of great convenience if the menstrual cup
could be drained while in place. The present invention
is based on the discovery that the withdrawal
extension, if properly modified, may be used for this
purpose. The withdrawal extension is provided in
tubular form, having a longitudinal passage which
communicates with the interior of the menstrual cup
body. Means are provided to close the passage in the
withdrawal extension and the withdrawal extension
passage is normally kept closed. The closure means are
of such nature, however, that with appropriate
manipulation by the user, the passage may be opened for
drainage purposes and thereafter reclosed.
2In the final rejection (Paper No. 7), the examiner
inadvertently failed to mention the status of claims 13 and 14.
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