Appeal No. 98-1201 Page 4
Application No. 08/527,784
a selected limb of a user having plural compartments for
receiving in inserted relation therein cooperating
weights and in the use of which only some of said
compartments may be filled with weights and others empty,
said improvements comprising a rectangular flap attached
along an upper edge to said exercise device so as to be
folded in covering relation over said partially filled
and unfilled weight-receiving compartments, "VELCRO" hook
and loop fasteners disposed along opposite sides and a
lower edge of said flap adapted to contact underlying
areas of said exercise device in encircling relation
about said compartments to contribute to providing a
hermetic seal for said compartments, and means for
positioning said exercise device in encircling relation
about a limb of a user incident to exercising use of said
positioned exercise device in a submerged condition in a
swimming pool environment, whereby in said swimming pool
environment there is nominal seepage of water into
unfilled compartments as might add to the weight selected
by the user for exercise routines.
The indefiniteness rejection
The appellant has not argued the rejection of claim 1
under 35 U.S.C. § 112, second paragraph. The appellant states
in the brief (p. 4) that "[u]pon return of the Application to
the Examining Group upon reversal of the Section 103
rejection, Applicant will provide an appropriate amendment to
delete such material [VELCRO] from the claim." Since no
amendment has yet been submitted to overcome this rejection,
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