Appeal No. 1999-0113 Page 15
Application No. 08/472,321
COHEN, Administrative Patent Judge, concurring:
I concur in the entirety of the majority's opinion, but for the view (page
5) that "any degree of extension" corresponds to the limitation of claim 5 wherein the resilient
stretchable element has a spring force so as to "extend to a length which exceeds at least 100%
of its length at rest." Read in light of the underlying specification (page 31; distinguishing
present invention from tighter springs) and accompanying drawings (Figs. 4M and 5E; the solid
and dot and dash spring positions reflect a significant extension in length), it is my
understanding that the claim 5 language at issue, supra, clearly denotes that appellant's
exerciser requires an extended length at least double its length at rest.
IRWIN CHARLES COHEN ) BOARD OF
PATENT
Administrative Patent Judge ) APPEAL AND
) INTERFERENCES
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