Appeal No. 1998-2825
Application No. 08/595,282
every step of method claim 1, except for the step of “(b)
electronically obtaining a target zone consisting of an upper
limit and lower limit of the heart rate based solely on the
person’s age” (emphasis added). Instead, Crossing teaches the
step of electronically obtaining a target zone consisting of
an upper limit and lower limit of the heart rate based on (1)
the perceived fitness of the user, identified as a “mode,” and
(2) the age of the user. However, the examiner stated that
“one of ordinary skill in the art would interpret the Crossing
invention as having the ability to have only one mode. That
is, only an obvious modification would be needed; one where
unnecessary steps would be avoided thus yielding simpler
operability.”
(Answer, page 4)
In evaluating references it is proper to take into
account not only the specific teachings of the references but
also the inferences which one skilled in the art would
reasonably be expected to draw therefrom. In re Preda, 401
F.2d 825, 826, 159 USPQ 342, 344 (CCPA 1968). Additionally,
we observe that an artisan must be presumed to know something
about the art apart from what the references disclose (see In
-5-
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