Ex parte MARKHAM - Page 4




          Appeal No. 2001-2178                                                        
          Application No. 09/039,466                                                  


                                     DISCUSSION                                       
               Hermanson discloses an exercise device composed of an                  
          expanding unit 1 made of elastic rubber tubing, loops 7                     
          attached to the free ends of the expanding unit, handgrips 10               
          detachably mounted on the loops 7, a protective sleeve 2                    
          applied about the center of the expanding unit 1 and a                      
          fastening device 4 coupled to the sleeve for affixing the                   
          expanding unit 1 to a support such as a stationary hook or the              
          crack of a window or door.  The fastening device 4 includes an              
          anchoring loop 3 surrounding the sleeve 2, a woven tape 6'                  
          secured to the anchoring loop, two blocking elements 5 and 5'               
          disposed within the woven tape 6' and a hang-up ring or loop 6              
          formed at the free end of the tape 6'.  Figures 7, 7' and 8                 
          illustrate the manner in which the fastening device 4 is used               
          to attach the exercise device to a door or window.                          
               Implicit in the examiner’s explanation of the rejection                
          of claim 1 (see pages 3 and 4 in the answer) is the concession              
          that Hermanson does not respond to the limitations in the                   
          claim requiring (1) the elastic cord to be connected to the                 
          loop strap by “a slip knot attachment . . . tightenable onto                
          said elastic cord which permits said first end and said second              
                                          4                                           





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