Ex parte KAUS - Page 4




          Appeal No. 2001-0685                                       Page 4           
          Application No. 09/171,613                                                  


               To support a rejection of a claim under 35 U.S.C. §                    
          102(b), it must be shown that each element of the claim is                  
          found, either expressly described or under principles of                    
          inherency, in a single prior art reference.  See Kalman v.                  
          Kimberly-Clark Corp., 713 F.2d 760, 772, 218 USPQ 781, 789                  
          (Fed. Cir. 1983), cert. denied, 465 U.S. 1026 (1984).                       


               Claim 1, the sole independent claim on appeal, reads as                
          follows:                                                                    
                    A urinal cone, particularly for a person of the                   
               female gender, to apply to the genital region of the                   
               person for the purpose of urinating, which urinal cone                 
               can be set up from an essentially triangular shape to                  
               form a funnel-shaped body, comprising an envelope with an              
               upper opening of a large diameter and an opposite-                     
               positioned lower opening of a small diameter wherein the               
               outside contour of the upper opening has a continuously                
               tapered radius of curvature and the upper opening of the               
               envelope can be applied to the genital area of the person              
               in such a way that this area is enclosed tightly in order              
               for the person to urinate in a variety of positions                    
               including sitting, standing and squatting.                             


               Bartlett discloses a sanitary device intended to be used               
          by females in a standing position to conduct urine away from                
          the body in a substantially narrow stream.  As shown in                     
          Figures 1 to 5, the sanitary device 10 includes a tapered                   







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