Appeal No. 98-1044
Application 08/126,336
Claims 6 through 8, 14 and 15, the only other claims pending
in the application, stand allowed. We affirm-in-part.
The invention relates to "an exercise apparatus to
relieve or eliminate hip and back pain and a method for its
use" (specification, page 2). A copy of the claims on appeal
appears in the appendix to the appellants' main brief (Paper
No. 15).
The references relied upon by the examiner as evidence of
anticipation and obviousness are:
Silberman 3,427,023 Feb. 11, 1969
Schuman 4,045,033 Aug. 30, 1977
Bifulco 4,088,326 May 9, 1978
Humphrey 4,449,708 May 22, 1984
Ruden 4,830,366 May 16, 1989
Noble 4,943,047 Jul. 24, 1990
Hoff 5,216,771 Jun. 8, 1993
(filed Jul. 31, 1992)
Claims 1 through 5 and 9 through 13 stand rejected
as follows:
a) claim 11 under 35 U.S.C. § 102(b) as being anticipated
by Schuman;
b) claims 1, 9 and 10 under 35 U.S.C. § 103 as being
unpatentable over Schuman in view of Bifulco;
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