Ex parte DELOREIA - Page 2




                 Appeal No. 1999-2130                                                                                     Page 2                        
                 Application No. 08/813,307                                                                                                             


                          The appellant’s invention is directed to an exercise                                                                          
                 method.  The claims on appeal have been reproduced in an                                                                               
                 appendix to the Brief.                                                                                                                 


                                                                THE REFERENCES                                                                          
                          The references relied upon by the examiner to support the                                                                     
                 final rejection are:                                                                                                                   
                 Arrowsmith                                            1,195,327                                    Aug. 22,                            
                 1916                                                                                                                                   
                 Vassar                                                3,124,887                                    Mar. 17,                            
                 1964                                                                                                                                   
                 Photocopy of Karhu Shoe, Circa 1970's2                                                                                                 
                 Official Notice that “there are known shoes in the art . . .”                                                                          
                 (Answer, page 4)                                                                                                                       


                                                                 THE REJECTION                                                                          
                          Claims 1-4 stand rejected under 35 U.S.C. § 103 as being                                                                      
                 unpatentable over Arrowsmith or Vassar in view of Official                                                                             
                 Notice.                                                                                                                                




                          2This reference was not directly applied by the examiner,                                                                     
                 but was referred to in the matters of which official notice                                                                            
                 was taken.                                                                                                                             







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