Ex parte HABERMEYER - Page 2




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


          of claims 26 to 29, all the claims currently pending in the                 
          application.  An amendment filed subsequent to the final                    
          rejection (Paper No. 37, filed April 10, 1996) has been                     
          entered.                                                                    


               By way of background, this appeal is related to an                     
          earlier appeal (No. 94-1162) in the now-abandoned parent                    
          application.  The earlier appeal resulted in a decision by a                
          merits panel of this Board reversing a rejection of the                     
          appealed claim under 35 U.S.C. § 103 and affirming a rejection              
          of the appealed claim under 35 U.S.C. § 112, first paragraph.               
          In rendering our decision in this appeal, we assume                         
          familiarity with the earlier decision.                                      
               Appellant’s invention pertains to an apparatus for                     
          treating a fracture in an extremity.  The apparatus includes a              
          cuff-forming cushion (1) adapted to be formed into a sleeve                 
          and a protective sleeve (5) disposed about the cushion.  The                
          cushion defines a vacuum tight inner space having a plurality               
          of filling bodies movable relative to one another disposed                  
          therein.  When the inner space is evacuated the movable bodies              
          interengage to form a stable and rigid support structure.                   
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