Appeal No. 2000-1486 Page 6
Application No. 08/968,871
whole claimed invention. See id. Rather, to establish
obviousness based on a
combination of the elements disclosed in the prior art, there
must be some motivation, suggestion or teaching of the
desirability of making the specific combination that was made
by the appellant. See In re Dance, 160 F.3d 1339, 1343, 48
USPQ2d 1635, 1637 (Fed. Cir. 1998); In re Gordon, 733 F.2d
900, 902, 221 USPQ 1125, 1127 (Fed. Cir. 1984).
Claim 21, the sole independent claim on appeal reads as
follows:
An exercise device for providing buoyancy for deep
water exercise, said device comprising a resilient
tubular body member being open at one end thereof for
receiving a user's appendage and the other end of said
body member having a loop member for limiting movement of
said body member upon the user's appendage, said tubular
body member being formed of buoyant material comprised of
foam material shaped for having thin marginal portions
adjacent said one end and adjacent said loop member for
minimizing interference with other appendages of the user
and including a cover material of elasticized fabric,
said tubular body member being in the form of a generally
closed oval in cross-section when in repose and generally
cylindrical in use for elastically conforming to a user's
appendage for minimizing slippage thereon and for further
minimizing interference with an adjacent appendage.
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