Ex parte SHIFFERAW - Page 6




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


          but rather is a section of acrobatic running track.  In                     
          addition, appellant argues that if Morozov and Oaks were                    
          combined, the result would be an acrobatic running track                    
          section having a flat, rigid board supported by springs                     
          extending between a pair of longitudinally extending frame                  
          members, and not a stand alone, portable exercise board as                  
          appellant has provided.  We find these arguments to be                      
          unpersuasive.  In the first place, we view the entire                       
          acrobatic running track seen in Figures 1 and 2 of Morozov to               
          be a “portable, stand alone exercise board” which comprises a               
          plurality of sections, each of which sections includes a                    
          generally rectangular, “substantially rigid” platform (4)                   
          sized as required in appellant’s claim 1 and a plurality of                 
          supports or feet (seen in Figure 2) affixed to the underside                
          of the platform and positioned “toward corners of the                       
          platform.”  Each of the sections also includes at least a pair              
          of arched springs (3) of resilient spring material extending                
          between the feet adjacent opposing side margins of the                      
          platform and imparting an upwardly convex contour to the                    
          platform while permitting the platform to flex with a                       
          resilient action in response to the weight of a person who is               

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Last modified: November 3, 2007