Ex parte MARKHAM - Page 5




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


          end [of the cord] to each be stretchable independent of each                
          other” and (2) the loop strap to be “slipped over” a doorknob.              
          Hermanson’s elastic cord (expanding unit 1) is connected to                 
          its loop strap (tape 6' and loop 6) via anchoring loop 3 which              
          is not disclosed as embodying a slip knot attachment, and the               
          loop strap (tape 6' and loop 6) is not disclosed as being                   
          slipped over a door knob.                                                   
               Froelich, applied in combination with Hermanson to                     
          support the rejection of claim 1, discloses an adjustable                   
          rotating resistance exerciser 10 which can be employed in a                 
          variety of exercise devices.  The device 240 shown in Figure                
          11 includes exercisers 10 disposed on the respective ends of a              
          flexible member 242.  Froelich teaches that this device can be              
          fastened to a stationary member such as a floor by an elastic               
          band 244 which appears to be secured to the flexible member                 
          242 via a slip knot.     In concluding that the subject matter              
          recited in claim 1 would have been obvious within the meaning               
          of § 103(a), the examiner states that                                       
                    [i]n view of [Froelich] and in view of what is                    
               obvious to one of ordinary skill in the art . . . it                   
               is well [known] and would have been obvious to one                     
               of ordinary skill in the art to manufacture the                        

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