Appeal No. 96-1391
Application 08/170,503
become injured, such as a patient’s . . . leg” (col. 2, lines
56 to 59).
Since Sconce discloses that his inflatable splint
may be applied to the leg, and the femoral artery is located
in the leg, it follows that Sconce’s splint is capable of
performing the functions of the means recited in claim 1,
i.e., it has (1) inflatable means 12, 14 “for adjustably
creating compressive pressure”; (2) a cold pack 63 or 64 which
receives the compressive pressure and would be capable of both
“applying that pressure to said femoral artery” and of “apply-
ing reduced temperatures at least to the tissue adjacent to
said femoral artery”; and (3) tabs 22, 26 capable of “securing
[the device] to a predetermined location adjacent said femoral
artery.” Appellants argue that Sconce does not refer to the
femoral artery or to localized compression to close an inci-
sion, puncture or cut in the femoral artery. However, in
order to anticipate a claimed means plus function, the func-
tion need not be expressly disclosed in the reference. In the
present case, Sconce’s inflatable splint, disclosed as being
applicable to the leg, anticipates the recited means in that
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