Ex parte TIHON - Page 6




                 Appeal No. 2000-0651                                                                                                                   
                 Application No. 09/024,732                                                                                                             


                 their tips and ends (column 1, lines 8 through 18).  However,                                                                          
                 notwithstanding the mentioning of the term “pig tail” as                                                                               
                 above, we do not perceive that one having ordinary skill in                                                                            
                 the art would have discerned from either the Sachse or the                                                                             
                 Carter documents a teaching of a bladder retention coil lying                                                                          
                 in a plane extending at a perpendicular angle (to) a                                                                                   
                 longitudinal axis of a tubular drain body as now claimed,                                                                              
                 i.e., a bladder retention coil lying in a plane orthogonal to                                                                          
                 the longitudinal axis, consistent with the underlying                                                                                  
                 disclosure of the present application.                                                                                                 


                          Claim 9 also requires a “unitary  tubular stiffening      3                                                                   
                 device” sufficiently rigid to render the bladder retention                                                                             
                 coil rectilinear and having an open distal end and an                                                                                  
                 unobstructed internal lumen for permitting urine flow                                                                                  
                 therethrough as a signal indicating that a distal end portion                                                                          
                 has been inserted into a patient’s urinary bladder.  Akin to                                                                           

                          3The word “unitary” relates to a unit, with a “unit”                                                                          
                 being a single quantity or an undivided whole. Webster’s New                                                                           
                 Collegiate Dictionary, G. & C. Merriam Company, Springfield,                                                                           
                 Massachusetts, 1979. This definition is consistent with the                                                                            
                 disclosure in appellant’s application of a single tube                                                                                 
                 (tubular) stiffener 28.                                                                                                                
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