Ex parte FABRIZIO - Page 4




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


               commences the actual heart rate of the user. The                       
               timer in the microprocessor will then "stopwatch" by                   
               counting down from 10 to 0 whilst within the                           
               selected heart rate range. The number of impulses                      
               will record the "distance" which is a proportion                       
               thereof. If the user moves out of this range, the                      
               LCD will freeze, as mentioned above, or optionally                     
               will cause the audio beeper alarm to sound.  (Col.                     
               4, line 50 through col. 5, line 4, emphasis added)                     






               With regard to the “abovementioned formula,” Crossing                  
          teaches that:                                                               
                    The maximum heart rate recommended for a user                     
                    can be calculated as 220 less the age, so that                    
                    for example a person aged 60 should not exercise                  
                    with a heart rate beyond 160, even if he is very                  
                    fit. That heart rate range needs to be reduced                    
                    as the perceived fitness of the user diminishes,                  
                    as said, into one of five modes. These are                        
                    identified as mode 1, mode 2, mode 3, mode 4 and                  
                    mode 5. However, the effectiveness of exercising                  
                    with the aid of this invention can be diminished                  
                    if the heart rate is too low, and therefore                       
                    there is a precalculated range of heart rates                     
                    between minimum and maximum within which a user                   
                    must control his exercise. The minimum figure is                  
                    arbitrarily determined, but within a range                        
                    generally accepted by health authorities. (Col.                   
                    4, lines 23-36)                                                   

               The examiner determined that Crossing discloses each and               
                                         -4-                                          





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