Ex Parte ELKINS - Page 2



          Appeal No. 2001-1418                                                        
          Application 08/022,822                                                      

          claims is hereby dismissed.  Claims 39 through 41, 51 and 52                
          remain on appeal.  Claims 36 through 38 and 42 through 50, the              
          only other claims pending in the application, stand withdrawn               
          from consideration pursuant to 37 CFR § 1.142(b).                           
                                   THE INVENTION                                      
               The subject matter on appeal relates to “a patient therapy             
          heat exchange structure for placing against or for being worn on            
          the human body” (specification, page 1).  Representative claims             
          39 and 51 read as follows:                                                  
               39.  A flexible heat exchange structure having a pair of               
          superposed sheets of flexible material sealed together to form a            
          plurality of fluid-conducting channels which tend to inflate and            
          decrease in width when a pressurized liquid passes through them,            
          and a manifold in fluid communication with the channels at one              
          end thereof which also tends to be inflated by the pressurized              
          liquid, the manifold having an undulating wall which is oriented            
          and dimensioned to decrease in dimension to the same degree that            
          the width of the channels decreases upon pressurization of the              
          structure.                                                                  
               51.  A flexible heat exchange structure having a pair of               
          superposed sheets of flexible material sealed together in a                 
          plurality of spaced apart discrete areas to form a fluid-                   
          conducting channel which inflates and decreases in lateral                  
          dimension upon pressurization by a fluid, and means sealing the             
          sheets together along an undulating line to form a chamber which            
          communicates with the channel and also inflates and decreases in            
          lateral dimension upon pressurization, the undulating line being            
          oriented and dimensioned to make the decreases in lateral                   
          dimension substantially equal in the channel and in the chamber.            

                                                                                     

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