Ex Parte JEPSON et al - Page 4




          Appeal No. 1999-0757                                                       
          Application No. 08/699,083                                                 

                    FIGS. 2 and 4 illustrate slit 56 in a closed                     
               position.  While in the closed position, membrane 42                  
               prevents entry of air into the urinary drainage system.               
               FIG. 3 illustrates slit 56 in a deformed position in                  
               which blunt end [58] of syringe 60 protrudes                          
               therethrough.  In such condition, slit 56 closes about                
               blunt end 58 to prevent entry of air into the urinary                 
               drainage system.                                                      
                    While blunt end 58 protrudes through membrane 42,                
               irrigating fluid in syringe 60 may be introduced into                 
               the urinary drainage system . . .  When blunt end [58]                
               is withdrawn from membrane 42, slit 56 will close upon                
               itself immediately, thereby continuing to protect the                 
               urinary drainage system from unnecessary contamination                
               [column 5, lines 1 through 18]. 3                                     
               Buehler discloses a system for separately storing flowable            
          materials and mixing them together just prior to use.  The system          
          includes a first container 10 having a dispensing member 28 and a          
          second container 12 having a closure disc 56 which is adapted to           
          be pierced by the dispensing member to allow the material in the           
          first container to flow into and mix with the material in the              
          second container.  As shown in Figures 2 and 4, the dispensing             
          member 28 has an interior flow passage 32, an exterior                     
          cylindrical region and a distal end region including a tapered             
          surface, a pair of apertures and a radiused tip.                           
               In combining Garrett and Buehler to reject the appealed               
          claims, the examiner concludes that it would have been obvious at          


               3 Garrett is discussed on page 2 in the appellants’                   
          specification.  The appellants state there that a blunt cannula            
          of the type disclosed by Garrett will not pierce the skin of a             
          user.                                                                      
                                          4                                          





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