Ex parte DEL GUERCIO - Page 9




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


          relating to the size and shape of the spongy covering and the               
          funnel shaped receiving end of the external catheter, and                   
          appellant's arguments on pages 9 and 10 of the brief, it is                 
          apparent to us that the extra-labia urine voiding apparats of               
          Block which covers essentially all of the genitalia of the                  
          female and the sealing structure thereof which provides a seal              
          against the external tissue surrounding the vulva region is                 
          not anticipatory of the external catheter for attachment to                 
          the urethra defined in appellant's claims 5, 7, 13 and 15 on                
          appeal.  Specifically, even if the apparatus of Block which                 
          covers all of the female genitalia can be said to include a                 
          funnel shaped receiving end (e.g., 22) that is broadly sized                
          to encompass or contain the urethra, it is clear to us that                 
          the urine voiding apparatus of Block does not include a spongy              
          covering attached to the funnel shaped receiving end for                    
          sealing the area "immediately around the urethra," as set                   
          forth in independent claim 5 on appeal.  As for independent                 
          claim 13 on appeal, we note that the apparatus of Block is not              
          a male external catheter and does not include an attachment                 
          portion having "a funnel shaped receiving end dimensioned for               
          immediate surrounding engagement with the urethra of the                    
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