Ex parte SHIFFERAW - Page 7




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


          exercising on the board.  As an alternative position, we note               
          that, prior to assembly of the track sections into the                      
          formation seen in Figures 1 and 2, each of the individual                   
          sections of the acrobatic track in Morozov would, in our                    
          opinion, qualify as a portable, stand alone, exercise board as              
          broadly set forth in appellant’s claim 1 on appeal.                         


          While it is true that Morozov does not expressly describe                   
          the rectangular platform of each of the sections therein as                 
          being “substantially rigid,” we nonetheless conclude from the               
          disclosure of Morozov as a whole that the platform (4) of each              
          of the sections of the run-up acrobatic track therein would                 
          have been understood by one of ordinary skill in the art as                 
          being “substantially rigid.”  Note particularly, the                        
          translation of Morozov at page 3, lines 6-8, where it is noted              
          that the carpet covering (7) of each track section is                       
          “stapled... on the edges of the panel” or platform (4); page                
          3, lines 11-12, where it is indicated that the panels or                    
          platforms (4) are capable of transferring the spring efforts                
          of one panel to another during the athlete’s push; and page 3,              
          lines 17-20, where it is indicated that the weight of the                   

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