Ex parte JOUTRAS et al. - Page 11




          Appeal No. 98-0985                                        Page 11           
          Application No. 08/271,022                                                  


          In that regard, Airy teaches (column 11, lines 17-20) that                  
          various types of resistance units may be employed in                        
          conjunction with his invention to resist flexure or extension               
          of the body joint or both flexure and extension as desired.                 
          Figures 6, 8, 9 and 11 of Airy set forth examples of suitable               
          resistance units, including ones that utilize the shear                     
          resistance of a viscous fluid.  Dalebout teaches a striding                 
          exerciser to which various resistance mechanisms may be                     
          adapted to offer resistance to the striding-type motion                     
          (abstract, lines 12-14, and column 8, lines 53-54).                         
          Specifically, Dalebout discloses both a resistance means                    
          (Figure 8) utilizing friction members 160, 162 and a                        
          resistance means (Figure 9) utilizing a hydraulic unit 190.                 
          Thus, Airy specifically suggests employing various types of                 
          resistance units as desired.  Accordingly, we conclude that it              
          would have been obvious to one of ordinary skill in the art at              
          the time the invention was made to modify Airy's resistance                 
          units to be frictional resistance units as suggested by                     
          Dalebout's Figure 8 especially in view of the prior art                     
          teachings that frictional resistance means and fluid                        
          resistance means are art-recognized alternatives.                           







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