Ex parte WINSTON - Page 2




          Appeal No. 98-1201                                         Page 2           
          Application No. 08/527,784                                                  


                                     BACKGROUND                                       
               The appellant's invention relates to an aquatic exercise               
          device.                                                                     


               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Winston                  4,838,546                     June 13,             
          1989                                                                        
          Alston                   4,905,991                     March 6,             
          1990                                                                        
          Velcro Product News, Velcro. Corp., ISDT tank bags, p. 3, 1976              


               Claim 1 stands rejected under 35 U.S.C. § 112, second                  
          paragraph, as being indefinite for failing to particularly                  
          point out and distinctly claim the subject matter which the                 
          appellant regards as the invention.                                         


               Claim 1 stands rejected under 35 U.S.C. § 103 as being                 
          unpatentable over Winston in view of the ISDT tank bags and                 
          Alston.                                                                     











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