Appeal No. 99-0073 Page 7
Application No. 08/562,166
within the predetermined area on the shin region." Stated
differently, the claimed method requires a step of providing a
single weighted element which is sized to substantially fit
within a predetermined area on the shin region where the tibia
is most discernable and a step of placing that weighted
element in that predetermined area.
We have carefully reviewed the disclosure of Alston and
we cannot find therein any express disclosure of either
providing a single weighted element sized to substantially fit
within a predetermined area where the tibia is most
discernable or placing that weighted element in the
predetermined area. It does not appear to be in dispute that
Alston does not expressly disclose where the at least one
weight unit is to be positioned on the lower leg.
The examiner's position is that Alston illustrates
(Figure 2) placement of one of the weight units (7) against
the arm in a predetermined region where the ulna is most
discernable and that placement of the device on the leg in a
similar manner to placement of the device on the arm would
result in positioning of the weight unit in a predetermined
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