Ex parte FABRIZIO - Page 3




          Appeal No. 1998-2825                                                        
          Application No. 08/595,282                                                  


               In accordance with 37 CFR § 1.192(c)(7), we have selected              
          claim 1 as the representative claim from the appellant's                    
          grouping of claims 1, 3, 5, 7 and 9 to decide the appeal on                 
          this rejection under 35 U.S.C. § 103. See page 9 of the                     
          appellant’s substitute brief.                                               
               Crossing discloses an exercise device including a                      
          microprocessor 30 programmed to determine a minimum and a                   
          maximum heart rate limit for the user based on a desired                    
          exercise level and the age of the user.  The device includes a              
          keyboard 15 and liquid crystal display 14 (Figure 8).                       
          Crossing explains the mode of operation of the device as                    
          follows:                                                                    
                    When a user is about to commence an exercise,                     
               after turning the machihe [sic] on, the LCD                            
               transmits a message "ENTER MODE." The user then sets                   
               the mode 1, 2, 3 or 4, (or 5 for more specific                         
               parameters which may be adjusted to suit an                            
               individual's requirements) and presses an ENTER                        
               button. The next message on the LCD 14 is asking the                   
               age of the user, that is entered and again the ENTER                   
               button is depressed. The next message on the LCD                       
               will be to identify the training time and if, for                      
               example, it is ten minutes the user presses "10" and                   
               then enters that again by depressing the ENTER                         
               button. The next message on the screen is to press                     
               the START button and when that is pressed, the                         
               screen will show on the top line the training mode,                    
               age, heart rate range (which it will calculate on                      
               the abovementioned formula) and as the exercise                        
                                         -3-                                          





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