Appeal No. 96-2267
Application 08/154,344
surrounding the cervix. See, for example, Figure 4. The
cervical cover is provided with lips or cusps 4 and 5, defined as
long, planar elements interconnected along their edges so as to
define a flat outlet distal from the cervical cover. The lips
function like a check valve to permit waste material to flow out
of the cervix, while precluding the flow of fluid in the opposite
direction.
Independent claim 1 calls for a menstrual cup comprising a
body having a hollow interior, a tubular extension having a
longitudinal passage therein in communication with the hollow
interior of the body, and “means for normally closing said
extension passage, said closing means being manually manipulable
to an open state for opening said extension passage, whereby said
menstrual cup can be drained of fluid without removal from the
vagina.”
In rejecting the appealed claims as being unpatentable over
Gabbay, the examiner has taken the position that the lips or
cusps 4 and 5 of Gabbay form a one-way valve structure
which . . . is at least closed to fluids in one
direction. It is also normally closed as the slit is
collapsed which would at least prevent some fluid from
passing in the other direction. While the reference
does not disclose manual manipulation of the passage,
the edges of the passage may be squeezed to open the
passage. [answer, page 5]
-4-
Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: November 3, 2007