Appeal No. 2001-0685 Page 5
Application No. 09/171,613
passageway 12 extending from an upper opening to a lower
opening. The upper opening is defined by an end limit
periphery 20 which includes both curved and straight portions
as shown in Figures 1-4.
The examiner asserts (answer, p. 4) that the claimed
limitation that 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" is met by the curved portion of Bartlett's end
limit periphery 20 as shown in Figure 4. The appellant argues
(reply brief, pp. 1-2) that the curved portion of Bartlett's
end limit periphery 20 shown in Figure 4 is not a curve having
a continuously tapered radius of curvature as set forth in
claim 1 on appeal.
After reviewing the disclosure of Bartlett, we conclude
that Bartlett does not disclose that the curved portion of his
end limit periphery 20 shown in Figure 4 is a curve having a
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