Ex Parte Varn - Page 2

          Appeal Number: 2006-1684                                                      
          Application Number: 10/341,038                                                

          are on the dorsal side of the limb.  Rubberband members are                   
          provided to allow finger flexion exercises.                                   
               The references of record relied upon by the Examiner as                  
          evidence of anticipation and obviousness are:                                 
          Hall        494,197   Mar. 28, 1893                                           
          Varn      6,120,471   Sep. 19, 2000                                           
          Holland et al. (Holland)  6,547,752   Apr. 15, 2003                           
               Claims 1-7 stand rejected under 35 U.S.C. section 102 as                 
          anticipated by Varn.                                                          
               Claim 8 stands rejected under 35 U.S.C. section 103 as                   
          unpatentable over Varn in view of Holland.  Claims 9-17 and                   
          19-20 stand rejected under 35 U.S.C. section 103 as unpatentable              
          over Varn in view of Hall.                                                    
               Claim 18 stands rejected under 35 U.S.C. section 103 as                  
          unpatentable over Varn in view of Hall and Holland.                           
               For details of these rejections a reference is made to the               
          Examiner’s answer.  For details of the Appellant’s arguments                  
          with respect to the rejections reference is made to the brief                 
          and reply brief.                                                              
                                  GROUPING OF CLAIMS                                    
               Appellant chooses to group the claims into two groups for                
          purposes of this appeal.  See brief at 3.  According to the                   
          brief, claims 1-10 are considered one group and will stand or                 
          fall with claim 1, and claims 11-20 constitute a second group to              

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