Ex parte GEORGE - Page 4




             Appeal No. 98-2352                                                                                 
             Application 08/245,870                                                                             


             December 27, 1996).  Appellants’ conflicting viewpoints concerning the examiner's                  
             rejections of the appealed claims are found in the corrected brief (Paper No. 15, filed            
             September 23, 1996).                                                                               


             0PINION                                                                                            


             In arriving at our decision in this appeal, we have carefully considered appellants’               
             specification and claims, the applied references, and the respective viewpoints of                 
             appellants and the examiner.  As a consequence of our review, we have made the                     
             determinations which follow.                                                                       


             Turning first to the examiner's rejection of claims 1 through 8, 10 through 16, 18                 
             and 20 through 24 under 35 U.S.C. §102(b) as anticipated by, or in the alternative                 
             under 35 U.S.C. §103 as obvious over, Rockwell, we note that it is the examiner’s                  
             position that Rockwell discloses                                                                   
                   “an exercise apparatus, Fig. 1, comprising a frame 10 including a                            
                   backrest 53 having an upper portion (means mounted to the frame for                          
                   resisting forward movement of the user’s hips to direct the user’s                           
                   gluteus maximus muscles to a relaxed condition; movement resisting                           
                   member mounted to the frame for contact with the pelvic girdle region                        
                   of a user kneeling on the apparatus; movement resisting member                               
                   mounted to the frame and disposed for engagement by the front of the                         

                                                       4                                                        




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  Next 

Last modified: November 3, 2007