Ex parte HITE et al. - Page 5




          Appeal No. 96-1391                                                          
          Application 08/170,503                                                      



          However, applying these principles, we do not agree with                    
          appellants that Sconce is not anticipatory of claims 1 and 4.               
                    Appellants argue that Sconce does not disclose or                 
          teach using the inflatable device disclosed “for post opera-                
          tion nor in closing an incision, puncture or cut in the femo-               
          ral artery,” as recited in the preamble of claim 1.  Neverthe-              
          less, Sconce does disclose an inflatable splint for immobiliz-              
          ing an injured extremity and for “applying thermal [e.g.,                   
          cold] pressure to an injured area” of an immobilized extrem-                
          ity, including a bladder releasably secured “around an injured              
          arm or leg” and which “also can act as a tourniquet by re-                  
          stricting the flow of blood to the injured area in accordance               
          with the amount of pressure it exerts” (col. 1, lines 4 to                  
          13).  Sconce further expressly discloses application of the                 
          splint to a patient’s leg as follows:  The splint “can   be                 
          applied in a large number of configurations throughout the                  
          body, such as at the . . . legs of the patient” (col. 1, lines              
          33 to 36) and “the [inflatable] bladder [of the splint] can                 
          surround various areas of any extremity of a patient which may              



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