Appeal No. 1998-1608 Page 8
Application No. 08/429,926
Incorvaia discloses a sponge splint compression dressing.
As shown in Figure 1, the injured foot is placed against the
sponge side of the dressing which is folded over the foot with
the toes being uncovered. Thereafter, an ankle section 22 is
folded around the upper portion of the ankle. Incorvaia
teaches (column 3, lines 39-45) that
the dressing can be held in place by standard wrapping
such as the elastic wrap illustrated at 16 in FIG. 1 or
by means of Velcro strips 18 as illustrated for the foot
area in FIG. 1. The use of the elastic wrap provides more
rigidity and equalized compression whereas the Velcro
strip provides for ease of application.
Claim 1
After the scope and content of the prior art are
determined, the differences between the prior art and the
claims at issue are to be ascertained. Graham v. John Deere
Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).
The examiner ascertained (final rejection, p. 2) that
[a]lthough Hicks discloses a fastening strap extending
over the flap element, the strap does not detachably
affix to "said other flap element" as recited in claim 1.
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