Ex parte HIRSCH et al. - Page 14




          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-                                          





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