Appeal No. 2001-0533
Application No. 09/322,043
For the reasons which follow, we shall also not sustain
the examiner's rejections of claims 1, 5 and 6 as unpatentable
over Roark in view of Smith and claim 7 as unpatentable over
Roark in view of Smith and Taylor.
Roark discloses an exercise device comprising a closure
including a cylindrical connector sleeve having a divider wall
14 separating the interior of the sleeve into two threaded
substantially identical bore portions 10, 12, the sleeve being
threadedly attached to two containers 40, 42. The specially
adapted containers comprise substantially cylindrical first
neck portions 28, 30 having substantially uniform lengths and
outer surfaces and second neck portions 24, 26 extending from
the first neck portions 28, 30 and further comprising
externally threaded annular sleeves. The first neck portions
have diameters which are substantially identical to that of
the external surface 16, 18 of the closure. When fully
assembled, the containers and closure form a dumbbell. Roark
teaches that the characteristic of the substantially equal
diameters of the closure and container first neck portions is
important because it "assures that the dual-sided closure and
container neck, that are intended to comprise the grip area of
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