Appeal No. 1999-0113 Page 2
Application No. 08/472,321
entered. In any case, it is clear from the record that both the appellant and the examiner have1
treated claims 17-48 as having been canceled.
BACKGROUND
The appellant's invention relates to an exerciser (exercise device) comprising a resilient
stretchable element and a flexible stretchable loop for exercising a number of different muscles
or muscle groups in the human body. Independent claim 5, which is reproduced in the
appendix to the appellant's brief, is exemplary of the invention.
The prior art references of record relied upon by the examiner in rejecting the appealed
claims are:
Dubach 3,966,204 Jun. 29, 1976
Swann 4,403,773 Sep. 13, 1983
Suarez et al. (Suarez) 4,815,731 Mar. 28, 1989
Orford et al. (Orford) 451,516 Aug. 7, 1936
(British Patent )
The following rejections are before us for review.
1. Claims 5 and 6 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Dubach.
2. Claims 5-10 and 49-51 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Orford in view of Dubach.
1We leave it to the examiner to take appropriate action to have this amendment entered.
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