Ex parte THOMAS P. ROGERS - Page 2




                Appeal No. 95-2909                                                                                                            
                Application 08/048,270                                                                                                        


                         The claims on appeal are directed to apparatus for                                                                   
                exercising the arms.                                                                                                          
                         The references relied upon by the examiner in rejecting the                                                          
                appealed claims are:                                                                                                          
                Hribar                                            4,146,222                            Mar. 27, 1979                          
                Gvoich et al. (Gvoich)                            4,601,467                            Jul. 22, 1986                          
                Schaub et al. (Schaub)                            4,848,739                              Jul 18, 1989                         
                         The claims stand rejected as follows:2                                                                               
                (1) Claims 1 and 5 to 7, unpatentable over Hribar under 35 U.S.C.                                                             
                § 102(b) or 103;                                                                                                              
                (2) Claim 5, unpatentable over Hribar in view of Gvoich, under                                                                
                35 U.S.C. § 103;                                                                                                              
                (3) Claim 6, unpatentable over Hribar in view of Schaub, under                                                                
                35 U.S.C. § 103;                                                                                                              
                (4) Claim 6, unpatentable under 35 U.S.C. § 112, second                                                                       
                paragraph.                                                                                                                    
                Rejection (1)                                                                                                                 
                         Claims 1 and 7, the two independent claims on appeal,                                                                
                recite, inter alia, “at least two relatively movable paddles”                                                                 
                (claim 1) or “a pair of relatively movable hollow paddles” (claim                                                             



                         2The claims were finally rejected as indicated in                                                                    
                rejection (1).  Rejections (2), (3) and (4) are new grounds of                                                                
                rejection, made in the Supplemental Examiner’s Answer (Paper No.                                                              
                14).                                                                                                                          
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