Ex Parte HENRY - Page 21



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

          in the limb and swelling, due to the compressive, elastic quality           
          of the wrap member (supplemental answer, pages 10-11), we do not            
          share that view.                                                            

          As described and shown by Johnson in Figure 1, the member                   
          (10) is merely a support for the wrist and, to that end, is                 
          constructed of an elastic fabric webbing (30) with strips of                
          VELCRO fastener material (32, 34) secured to opposite end edges             
          thereof “to form a cylindrical support which wraps about the                
          wrist and forearm” (col.4, lines 19-23).  The elastic nature of             
          the support in Johnson is specifically described (col. 4, lines             
          34-38) as merely providing a “slight degree of stretch” and as              
          facilitating normal body movement while preventing release of the           
          fastener material (34) from the belt (4).  Given its                        
          construction, it does not appear to us that the wrist support               
          (10) of Johnson would be capable of being wrapped on a patient’s            
          limb and secured so as to constrict or restrict the size of the             
          limb to avoid pooling of blood and liquid in the limb and to                
          thereby avoid swelling, as is urged by the examiner.  The                   
          examiner’s conclusion in this regard is unsupported by the                  
          Johnson reference and is based entirely on speculation and                  
          conjecture.                                                                 
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