Appeal No. 98-2771
Application 08/428,863
exercise board/track of Morozov as modified by Oaks does not
disclose, teach or suggest the formation of resilient feet as
specified in claims 5 and 6 on appeal, the examiner turns to
Marcolin (pointing specifically to Figure 6) and urges that
this reference discloses that it is known in the art of
exercise boards to provide bars of resilient spring material
and to form the feet of such exercise boards by bending the
bars to form resilient feet that are bent under the corner
portions of the platform. Relying on this teaching, the
examiner has concluded that it would have been obvious to one
of ordinary skill in the art to provide the platform of
Morozov in view of Oaks with resilient feet formed as in
Marcolin, in order to have feet which provide the required
reaction and bending necessary to the use of the platform, and
which are easily manufactured. Appellant’s arguments on page
7 of the brief appear to be directed to the embodiment of
Marcolin seen in Figure 1, and not to the embodiment seen in
Figure 6 that was relied upon by the examiner. As a result,
the arguments presented by appellant do not address the
rejection made by the examiner and are clearly not persuasive
of any error on the examiner’s part. Under the circumstances,
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