Ex parte STARK et al. - Page 2




          Appeal No. 1998-2768                                                         
          Application No. 08/520,802                                                   


          rejection of claim 41, the only claim remaining in the                       
          application.                                                                 


          Appellants’ invention relates to (a) an orthopedic                           
          restraining device which is equipped with a strain gauge so as               
          to give a patient using the device immediate feedback                        
          respecting isometric exercises performed against the restraint               
          device and (b) a method of optimizing the isometric exercises                
          performed by the patient. The subject matter involved in this                
          appeal is limited to the method. Claim 41 on appeal reads as                 
          follows:                                                                     
               41.  A method of optimizing isometric exercises                         
               comprising:                                                             
                    (a) engaging first and second flexibly connected                   
                    body portions of the individual in an orthopedic                   
                    restraining device having at least one strain                      
                    gauge;                                                             
                    (b)  designing a target exercise routine based                     
                    on the physical condition of the patient;                          
                    (c)  monitoring the exercise activities of the                     
                    individual from the reading of the strain gauge;                   
                    and                                                                
                    (d)  determining the deviation of the actual                       
                    exercise routine from the target routine.                          
          The sole prior art reference of record relied upon by the                    
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