Ex parte MOSER et al. - Page 6




                 Appeal No. 1998-2838                                                                                     Page 6                        
                 Application No. 08/591,801                                                                                                             


                          Independent claim 1 includes the recitation of "control                                                                       
                 means for providing isokinetic pedaling resistance throughout                                                                          
                 the cycle of rotation of said pedals."  Independent claim 13                                                                           
                 includes the recitation of "control means for providing                                                                                
                 isotonic pedaling resistance throughout the cycle of rotation                                                                          
                 of said pedals."  However, these limitations are not suggested                                                                         
                 by the applied prior art for the reasons set forth in the                                                                              
                 appellants' brief (pp. 5-7) and reply brief (pp. 2-6).  In                                                                             
                 that regard, Taylor does not teach or suggest a control means                                                                          
                 for providing isotonic or isokinetic pedaling resistance                                                                               
                 throughout the cycle of rotation of the pedals.  To the                                                                                
                 contrary, Taylor teaches that his physical conditioning                                                                                
                 apparatus includes a resistance producing means for resisting                                                                          
                 upward movement of the foot pedals but producing little or no                                                                          
                 resistance to downward movement of the foot pedals.                                                                                    


                          It is our opinion that the examiner's determination                                                                           
                 (answer, p. 5) that Taylor's teachings at column 14, lines 34-                                                                         
                 39,  clearly suggest the upward and downward pedal movement2                                                                                                                                

                          2Column 14, lines 34-39, of Taylor provide "If found                                                                          
                                                                                                            (continued...)                              







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