Ex parte SHIFFERAW - Page 10




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


          that the spring elements therein are “made of several layers                
          of plywood glued together.”  Our review of Mansfield indicates              
          that this reference discloses making the flexible, semi-rigid               
          plate or platform (12) of the exercise device therein of                    
          aluminum (col. 2, line 60), or other material like plastics,                
          such as fiberglass or polycarbonate (col. 3, lines 11-13).                  
          Like appellant, we see nothing in these references which would              
          have been suggestive to one of ordinary skill in the art of                 
          making the springs (3) of Morozov out of fiberglass.  If                    
          anything, it would appear to us that the collective teachings               
          of the applied references would have led an artisan to make                 
          the platform (4) of Morozov out of a flexible, semi-rigid                   
          material such as fiberglass, not the spring elements (3).                   
          Thus, we will not sustain the examiner’s rejection of claim 4               
          under 35 U.S.C.                                                             
          § 103.                                                                      


          We next look to the examiner’s rejection of claims 5 and                    
          6 under 35 U.S.C. § 103 as being unpatentable over Morozov in               
          view of Oaks as applied to claim 1 above, and further in view               
          of Marcolin, the German reference.  Recognizing that the                    

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