Ex Parte CONTENTE et al - Page 2


          Appeal No. 97-2555Application No. 08/215,062                                Page 2           
                                     BACKGROUND                                       
               The appellants' invention relates to a vaginal discharge               
          collection device.  An understanding of the invention can be                
          derived from a reading of exemplary claims 1, 4 and 86 (the                 
          independent claims on appeal), which appear in the appendix to              
          the appellants' brief.                                                      
               The prior art reference of record relied upon by the                   
          examiner in rejecting the appealed claims is:                               
          Davis et al. (Davis)     3,983,874                Oct. 5, 1976              
               Claims 1, 4 to 16 and 19 to 23 stand rejected under                    
          35 U.S.C. § 112, second paragraph, as being indefinite for                  
          failing to particularly point out and distinctly claim the                  
          subject matter which the appellants regard as the invention.                
               Claims 1, 4, 9, 10, 13, 14, 19, 23, 82, 86, 87, 91 and 97              
          stand rejected under 35 U.S.C. § 102(a, b and e) as being                   
          anticipated by Davis.                                                       
               Claims 5 to 8, 11, 12, 15, 16, 20 to 22, 92 and 93 stand               
          rejected under 35 U.S.C. § 103 as being unpatentable over Davis.            




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