Appeal No. 98-2771
Application 08/428,863
claim 11 on appeal. Thus, we will sustain the examiner’s
rejection of claim 11 under 35 U.S.C.
§ 103. Appellant (brief, page 4) has grouped claim 12 with
claim 11, from which it depends, accordingly, claim 12 will
fall with claim 11.
Independent claim 14 and dependent claim 20 have been
rejected by the examiner under 35 U.S.C. § 103 as being
unpatentable over Gvoich alone. The examiner’s position with
respect to claim 14 is set forth on page 7 of the answer as
follows
Gvoich teaches an exercise board comprising a
platform 22 made of plastic with an upwardly convex
arch and a plurality of feet 102, 103 on the under
side of the platform (Figure 1, 2 and column 4 lines
1-16). Gvoich discloses the claimed invention
except for the plastic being fiber reinforced. It
would have been obvious to one having ordinary skill
in the art at the time the invention was made to
make the plastic fiber reinforced since it was known
in the art that fiber reinforcement provides added
strength to a material.
Like appellant (reply brief, page 5), we find the
examiner's bare assertion in this regard to be without any
factual underpinnings in the applied prior art and that the
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