Appeal No. 96-3886
Application 08/275,091
of the protective sleeve about said extremity" (emphasis
added).
We find no support in the original disclosure for this claim
requirement.
First, claim 28 was added by way of a preliminary
amendment at the time of filing of this FWC (file wrapper
continuation) application. Accordingly, it does not enjoy the
status of being part of the original disclosure of the present
application because it was not referred to in an oath or
declaration filed with the original application papers. See
MPEP § 608.04(b). Second, while we agree with the merits
panel’s determination on page 4 of the prior decision that the
statement in original claim 6 that the protective sleeve is
"connected regionally" to the cushion provides support for
claiming that the protective sleeve is connected to only a
portion of the protective sleeve, this determination does not
provide appellant with license to expand upon that
determination by now claiming that at least a portion of the
exterior (3) of the cushion (1) is not secured to the inside
of the sleeve (5). Nothing in original claim 6, or the
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