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 -5-Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 3, 2007