Appeal No. 99-0073 Page 5
Application No. 08/562,166
units of weight (3 or 7) contained in thin pouches sewn or
glued onto the sleeve (column 3, lines 17 through 25). When
more than one unit of weight is used, the units are spaced for
weight distribution (column 3, lines 31 through 34). Alston
does not disclose details of the spacing, dimensions or
particular distribution of the weight units. The swim weights
may be worn about the forearms or calves of a swimmer
(abstract). Alston illustrates two embodiments of swim weight
sleeves worn about the forearm (Figures 1, 2 and 2a). A third
embodiment of swim weight wherein the weight is provided by
absorption of water through a porous outer covering (12) into
an absorbent material (11) is shown in Figure 3 (column 3,
line 66 through column 4, line 29). A swimmer wearing swim
weights or "stroke weight sleeves 15" on the forearms and swim
weights or "kick weight sleeves 16" on the lower legs is
illustrated in Figure 4. As noted by the examiner (final
rejection, page 2), Figure 4 does not illustrate where the
weights are positioned when the device is placed on the lower
leg.
Anticipation is established only when a single prior art
reference discloses, expressly or under the principles of
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