Appeal No. 98-2771
Application 08/428,863
in the examiner’s position with respect to independent claim
14 discussed above. Accordingly, we also find the examiner’s
position to be untenable with regard to dependent claims 15
and 16, and, for that reason, refuse to sustain the examiner’s
rejections of claims 15 and 16 under 35 U.S.C. § 103.
Pursuant to 37 CFR § 1.196(b), we enter the following new
grounds of rejection against claims 14 through 16 on appeal.
Claim 14 is rejected under 35 U.S.C. § 103 as being
unpatentable over Gvoich in view of Mansfield or Marcolin. In
this regard, we observe that Gvoich discloses an exercise
board which includes a resilient, upwardly arched platform
(22) fabricated from a resilient and flexible plastic (col. 4,
lines 5-14). Gvoich makes no mention of fiber reinforced
plastic for making the arched resilient platform. However,
Mansfield and Marcolin each disclose exercise boards similar
to that of appellant wherein the flexible, resilient platform
of the device is formed of plastic and, more specifically, is
formed of fiberglass-reinforced plastic. Note Mansfield
column 3, lines 5-13, and the translation of Marcolin at page
16
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