Appeal No. 1997-2512
Application No. 08/118,905
opening 11 and at its rear end an impelling opening 12, the tubular vessel
containing a dispersible substance 13, such as a medicinal fluid or fluffy
cream, which is to be applied to an accessible internal body portion of a
person. The substance is held tightly sealed within the container by means
of a cylindrical plug 14 at the impelling opening of the tube and a tubular
coating 15 of a flexible substance, such as rubber, which seals the discharge
opening 11 and extends lengthwise the tube to cover the part of the tube that
is inserted into the cavity where it is to be applied. The plug 14 may be
made of a plurality of layers of cotton felt saturated with a filler, such as a
mixture of petrolatum and melted wax. The impelling opening and the
adjacent rear end of the tube may be likewise enclosed by a flexible coating
17, of rubber, like the front portion of the tube. The two rubber coatings 15
and 17 are under tension and cling to the exterior of the tube 10, sealing up
its interior and protecting the exterior of the tube against contamination. If
required, by the consistency of the substance, the discharge opening 11 may
be sealed with a readily removable plug 19 of sealing material, such as
paper or rubber, before coating 15 is placed thereon.”
See also Figure 1.
Although Whittaker’s method is similar to the appellants’ claimed method, we agree
with the appellants that Whittaker discloses a dispensing technique that is completely
different from that recited in present claim 12. Specifically, Whittaker discloses:
“The fluid dispensing unit may be readily discharged and dispensed
at any desired point in the mouth cavity or any other cavity of the body by
removing the flexible coatings 15 and 17 from the tube 10 and slipping a
rubber neck 21 of a rubber bulb 22 over the rear end of the tube 10. The unit
is then inserted into the cavity so that its discharge opening 11 faces the
interior body portion to which it is applied, and by squeezing the bulb 22
the plug 14 is impelled by the compressed air from the bulb, the plug
14 acting as a piston and quickly discharging the fluid as desired.”
(Emphases added.)
See column 2, lines 18-30. Thus, the squeezing of bulb 22 forces compressed air to act
on plug 14, which in turn serves as a piston to expel the medicinal fluid onto the body
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