Ex parte BERTOLUCCI et al. - Page 5




          Appeal No. 98-1044                                                          
          Application 08/126,336                                                      


          disclosed by Schuman meets all of the limitations in claim 11               
          is well founded.  In this regard, Schuman's rigid body 10                   
          constitutes a nondeformable block having side surfaces into                 
          which the inner thighs of a user may fit as recited in claim                
          11.  Moreover, it is not apparent, nor have the appellants                  
          cogently explained, why rigid body 10 is not capable, under                 
          principles of inherency, of being used as an exercise                       
          apparatus for relieving a patient's hip and back pain as set                
          forth in claim 11 whereby the patient can activate the                      
          adductor muscles by pressing against the                                    


          side surfaces with the inner thighs with the patient's lower                
          legs beneath the knees being unconstrained.                                 
               The appellants' argument that the preamble of claim 11                 
          ("An exercise apparatus for relieving a patient's hip and back              
          pain") introduces bulk, size and rigidity limitations into the              
          claim which are lacking in Schuman (see pages 5 through 10 in               
          the main brief) is not persuasive.  Simply put, this line of                
          argument runs counter to the principle that during patent                   
          examination claims are to be given their broadest reasonable                
          interpretation consistent with the underlying specification                 
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