Ex Parte HENRY - Page 4



          Appeal No. 2001-2205                                                        
          Application 09/228,987                                                      

          examiner’s answer (Paper No. 20, mailed November 16, 2001) for              
          the reasoning in support of the rejections, and to appellant’s              
          brief (Paper No. 15, filed April 20, 2001) and reply brief (Paper           
          No. 18, filed September 25, 2001) for the arguments thereagainst.           

          OPINION                                                                     

          In reaching our decision in this appeal, we have given                      
          careful consideration to appellant’s specification and claims, to           
          the applied prior art references, and to the respective positions           
          articulated by appellant and the examiner.  As a consequence of             
          our review, we have made the determinations which follow.                   

          Turning first to the examiner's rejection of claims 1, 2, 3                 
          and 5 under 35 U.S.C. § 102(e) based on Sosebee, we note that               
          Sosebee discloses a surgical apron (10) for use by a doctor when            
          operating on or examining the perineal regions of a patient                 
          (i.e., the region of the body between the thighs, at the outlet             
          of the pelvis, specifically, the area between the anus and the              
          vulva in a female or between the anus and the scrotum in a male),           
          while the patient is in a lithotomy position on a surgical table            
          (Fig. 3).  As best seen in Figure 4, the edge (14) of the apron             
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