Ex parte HITE et al. - Page 7




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



          it clearly is inherently capable of applying both pressure and              
          reduced temperatures to the femoral                                         




          artery.  It is pointed out that appellants are here claiming                
          apparatus, not a method of use.                                             
                    With regard to claim 4, the examiner takes the                    
          position that (answer, pp. 6 to 7):                                         
                    The claimed invention recites no specified                        
                    pressure reduction rate achieved by the                           
                    quick release element.  Thus, in the Exam-                        
                    iner’s view, any reduction in compressive                         
                    pressure provided by the Sconce reference                         
                    is considered to be rapid.  Accordingly,                          
                    both the release of the tab fasteners [22,                        
                    26 of Sconce], even if only one is                                
                    released, and the opening of the screw cap                        
                    fittings [61 on valves 60 of Sconce] are                          
                    considered to provide a “rapid” reduction                         
                    in compressive pressure.                                          
          We agree.  Although the release of Sconce’s tabs or the                     
          opening of the opening of Sconce’s valve screw caps might not               
          release the pressure as fast as appellants’ disclosed quick                 
          release valve 36, the claim is not so limited.  Also, we note               
          that certainly the release of the last of Sconce’s tabs to be               


                                          7                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007