Ex parte STARK et al. - Page 4




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


                                       OPINION                                        
          In reaching our decision in this appeal, we have given                      
          careful consideration to appellants’ specification and claim,               
          to the applied prior art reference, and to the respective                   
          positions                                                                   
          articulated by appellants and the examiner. As a consequence                
          of our review, we have made the determination that the                      
          examiner’s                                                                  


          rejection will not be sustained. Our reasons follow.                        
          Appellants’ specification is directed to the use of                         
          isometric exercise for rehabilitation of a joint injury and to              
          a system for allowing adequate feedback to a physician so as                
          to permit the physician to evaluate the patient’s progress in               
          regard to a target isometric exercise routine the physician                 
          has prescribed. As is noted on page 26 of the specification,                
          the strongest advantage associated with isometric exercise is               
          that the injured extremity can be strengthened in the absence               
          of motion, thereby preferably resulting in less pain and less               
          tissue damage. As further emphasized on page 26                             
               [w]ith appropriate modifications, isometric                            
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