Appeal No. 1998-2768
Application No. 08/520,802
exercises can be used to obtain results which begin
to approxi-mate the results generally obtained with
isokeinetic exercises in certain situations when
isokinetic exercises are not possible. The fact
that program modifications enable one to obtain some
of the benefits of isokinetic exercise from
isometric exercise is of critical importance to the
usefulness of the present device.
Appellants’ claim 41 on appeal is specifically directed
to a method of “optimizing isometric exercises.” That method
is said
to comprise (a) engaging first and second flexibly connected
body portions of an 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; and
(c) monitoring the exercise activities of the individual “from
the reading of the strain gauge,” and then determining the
deviation of the actual exercise routine from the target
exercise routine. While the body of the claim does not
expressly so indicate, it is clear to us from a reading of the
claim as a whole, in light of the underlying disclosure, that
the target exercise routine and actual exercise routine
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