Appeal No. 1998-2383 Page 8
Application No. 08/116,355
method of using the device is obvious in view of the combined teaching of the methods
presented, directed to the use of using the device singularly and in combination." While
Holappa discloses an exercise board for use in attaching flexible stretchable elastic belts and
various methods of exercising body muscles by movement of body parts against the resistance
of the belts, Chellis discloses tension members for attachment to either the hand or foot for
exercising the arms or legs, and Richardson, Goodman, Piccini, Tee and the British patent
disclose various exercises to be performed using resilient elastic resistance members, none of
these references, either alone or in combination with the other references, teaches or suggests
the particular above-noted body movements recited in independent claims 17, 41, 46, 47, 50
and 51. We do not share the examiner's apparent opinion that the disclosure of one method of
exercising a body part necessarily renders obvious every other method of exercising that body
part.
Accordingly, we shall not sustain the examiner's rejections of independent claims 17,
41, 46, 47, 50 and 51, or of claims 19, 22, 28-30, 32-34, 42-45, 48, 57 and 58 which depend
therefrom.
With regard to independent claim 35, which the examiner has rejected based upon the
combined teachings of Holappa, Chellis, Tee and Richardson, we note that Tee (Figure 4E and
column 7, lines 48-53) discloses a method of exercising wherein the exerciser assumes a
kneeling position on one knee, with a resilient stretchable element (elastomeric loop 14)
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