Appeal No. 99-1024
Application 29/062,504
As characterized by the appellant in the brief (Paper No.
6),
[t]he body of the wrist or ankle weight of this
invention is in plan relatively long, generally
rectangular, with two, generally parallel long
edges, and two generally parallel short edges, and
rounded corners between them. In the embodiment
shown, there is piping along the entire outer
margin. In this embodiment, the body has five
evenly spaced, short, transverse lines of stitching
centered between the two long edges. These lines of
stitching occupy about one third of the center
section of the body, leaving one third of the body
on each side of the stitching uninterrupted between
the outer edges of the transverse stitching and the
long edges of the weight. The transverse stitching
extends all the way through to the opposite broad
side. When, as is the case with weights of this
sort, the weight is filled with heavy pellets or
particulate matter, the filler is continuous along
both long edges, so that in side elevation the
weight has a plump, somewhat wavy, but uninterrupted
appearance, and when wrapped around an ankle or
wrist, has a generally circular perimeter in side
elevation, uninterrupted except at the meeting ends
of the weight, as shown in Figure 1. As shown in
Figures 2 and 3, the device, when wrapped around a
wrist or ankle, has uninterrupted margins of
substantial width as compared with the strap by
which it is secured, with the width of which the
transverse stitching is coincident [pages 2 and 3].
The reference relied upon by the examiner as evidence of
obviousness is:
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