Appeal No. 1999-0757
Application No. 08/699,083
The 37 CFR § 1.132 Affidavit of Madonna J. Owen, filed September
26, 1994 (Paper No. 50; copy attached to the brief as Exhibit D).
The 37 CFR § 1.132 Affidavit of Maureen R. Tierney, filed
September 26, 1994 (Paper No. 50; copy attached to the brief as
Exhibit E).
The 37 CFR § 1.132 Affidavit of Elinor Barsony filed, September
26, 1994 (Paper No. 50; copy attached to the brief as Exhibit
F).2
The 37 CFR § 1.132 Affidavit of Nancy Hallgren, filed September
26, 1994 (Paper No. 50; copy attached to the brief as Exhibit G).
The 37 CFR § 1.132 Affidavit of Tim Huston, filed September 26,
1994 (Paper No. 50; copy attached to the brief as Exhibit H).
THE REJECTION
Claims 17 through 19, 32, 36 and 39 through 44 stand
rejected under 35 U.S.C. § 103 as being unpatentable over Garrett
in view of Buehler.
Attention is directed to the appellants’ brief (Paper No.
72) and the examiner’s answer (Paper No. 73) for the respective
positions of the appellants and the examiner with regard to the
merits of this rejection.
DISCUSSION
Garrett pertains to an irrigation site in a urinary drainage
system. The site 30 includes a resilient latex membrane 42
having a normally closed, resiliently deformable slit 56
extending therethrough. As described by Garrett,
2 The Barsony “affidavit” has not been executed, i.e., sworn
and subscribed to before a notary public.
3
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