Ex parte DEL GUERCIO - Page 2




          Appeal No. 1999-2777                                                        
          Application No. 08/985,835                                                  




          Appellant's invention relates to an external catheter                       
          adapted for attachment to the urethra of a patient, which is                
          the canal through which urine is discharged from the bladder                
          in most mammals, and to a method of attaching such an external              
          catheter to the patient.  Independent claims 5, 9, 12 and 13                
          are representative of the subject matter on appeal and a copy               
          of those claims, as reproduced from the Appendix to                         
          appellant's brief, is attached to this decision.                            


          The prior art references of record relied upon by the                       
          examiner in rejecting the appealed claims are:                              
          Haq                      5,331,689                     Jul. 26,             
          1994                                                                        
          Block                    5,632,736                     May  27,             
          1997                                                                        


          Claims 9 through 11 and 13 through 16 stand rejected                        
          under 35 U.S.C. § 112, second paragraph as being indefinite                 
          for failing to particularly point out and distinctly claim                  


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