Ex parte HABERMEYER - Page 8




          Appeal No. 96-3886                                                          
          Application 08/275,091                                                      


               the shell structure itself as well as the                              
               circumferential array of air cushions provided by                      
               the inflated air bags 30 contribute to                                 
               immobilization of the injured limb . . . . [page 7,                    
               lines 2-64.]                                                           

               Turning now to the examiner’s rationale based on Rose as               
          the starting point of the rejection, a comparison of the                    
          Figure 12 apparatus of Rose to the claimed subject matter                   
          reveals that the Rose device lacks burr closure means coupled               
          with the sleeve 127 for continuously adjusting the internal                 
          diameter of the sleeve to varying sizes of the cushion 123,                 
          124 after the cushion has been evacuated, as called for in                  
          each of the independent claims.  Indeed, in that the outer                  
          protective sleeve 127 and cushion of Rose combine to form a                 
          seamless boot-like enclosure for the leg, and in that the                   
          outer wall 124 of Rose’s cushion is bonded (col. 9, lines 45-               
          49) to the outer sleeve 127, presumably over its entire                     
          interface surface, there would be no apparent need for                      
          providing a separate closure means for continuously adjusting               
          the internal diameter of the outer sleeve 127 after the                     
          cushion is evacuated.  As to Johnson, while we appreciate that              
          this reference discloses shell-like members 12, 14 secured                  

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