Ex parte SHIFFERAW - Page 2




          Appeal No. 98-2771                                                          
          Application 08/428,863                                                      


          indicated that claims 17 through 19 now stand objected to and               
          would be allowable if rewritten in independent form.  In                    
          addition, it has                                                            


          been noted on page 2 of the examiner’s answer that the                      
          rejection                                                                   
          of claims 7 and 8 under 35 U.S.C. § 112, second paragraph, has              
          been withdrawn.  Accordingly, only the examiner’s prior art                 
          rejections of claims 1 through 16 and 20 under 35 U.S.C. § 103              
          remain for our consideration on appeal.                                     


          Appellant’s invention is directed to a resilient,                           
          portable, stand alone, exercise board that can be used for a                
          variety of exercises such as running in place, aerobic                      
          exercise and jumping. Independent claims 1 and 14 are                       
          representative of the subject matter on appeal and a copy of                
          those claims, as they appear in the Appendix to appellant’s                 
          brief, is attached to this decision.                                        


          The prior art references relied upon by the examiner in                     
          rejecting the appealed claims are:                                          

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