Ex Parte HENRY - Page 13



          Appeal No. 2001-2205                                                        
          Application 09/228,987                                                      

          Appellant’s flexible material wrap is “for controlling the                  
          positioning of a patient’s limb and for restricting swelling and            
          the pooling of fluids in the limb resulting from surgery.”  To              
          that end, the elongated strip of stretchable, elastic material is           
          “adapted to be wrapped about the limb to constrict its size and             
          to restrict swelling and pooling of fluids in the limb.”  The               
          pressure sensitive surface of the strip and the tab on the strip            
          having a hook surface are engageable for “maintaining it (the               
          strip) in a stretched, restricting position about a patient’s               
          limb.”  A “limb” in the context of appellant’s application is               
          obviously an arm or leg of a human patient and is clearly of a              
          relatively small size (i.e., diameter and circumference) as                 
          compared to the torso of a patient.                                         

          When we look to the abdominal wrap of Hubbard, we find a                    
          device that is sized to be applied around a patient’s torso and             
          to apply a constricting force thereto, i.e., a device about                 
          forty-eight inches in length.  Contrary to the examiner’s                   
          conclusion, because of its relatively large size and specific               
          manner of construction, we do not believe that the abdominal wrap           
          of Hubbard is “adapted to be wrapped about a limb to constrict              
          its size and capable of restricting swelling and pooling of                 
                                          13                                          




Page:  Previous  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next 

Last modified: November 3, 2007