Appeal No. 1999-1037 Application 08/804,284 ‘310 comprises elements 106, 108 capable of reducing penetration of the collapsible members from an impact to the longitudinal side, at least to some extent, and a telescoping bracket assembly 42, 44 and 106, 108 that surrounds at least one of the collapsible members 16. Remand Pursuant to 37 § CFR 1.196(a) and MPEP § 1211, this application is also remanded to the examiner for consideration of the following matters. Claims 3 and 4 depend from claim 1 and further call for the telescoping bracket assembly to be in the form of either a U-shaped (claim 3) or V-shaped (claim 4) section of pipe nested within a sleeve. The examiner should consider whether it would be appropriate to enter a new prior art rejection of either of these claims in light of the disclosure of Carney ‘310 and other prior art of which the examiner may be aware. Claim 11 calls for a cushioning apparatus comprising a first collapsible member having a first resistance to crushing, and a second collapsible member having a second -14-Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 3, 2007