Ex Parte Howlett-Campanella - Page 5





                     Appeal No. 2005-1953                                                                                                             Page 5                            
                     Application No. 09/765,533                                                                                                                                         



                       and 58 located at the points of intersection of the first lines and second lines are                                                                             
                                     4                                                                                                                                                  
                       markers.                                                                                                                                                         

                                  While the points identified by Appellant may be identified as markers, this does                                                                      
                                                                                                                                                               5                        
                       not entirely address the issue presented by the Examiner in the rejection of claim 23.                                                                           

                       The Examiner questioned the support for the subject matter as a whole appearing in                                                                               

                       claim 23.  Specifically, the Examiner found that there is no descriptive support for the                                                                         

                       intersecting lines define rectangles wherein the plurality of rectangles are separated                                                                           

                       into six non-overlapping sets of four quadrants defining a unit area on opposing                                                                                 

                       sides of said second center line wherein each set of four quadrants has a center point,                                                                          

                       much less a combination of such rectangles and a plurality of markers.                                                                                           



                                4See Appellant’s response filed August 19, 2002, attached to the Brief as exhibit C.                                                                    
                                5Claim  23 is reproduced below:                                                                                                                         
                                23.        A yoga m at, comprising:                                                                                                                     
                                           a mat comprised of a flat structure having an upper surface, a lower surface and                                                             
                                a longitudinal axis;                                                                                                                                    
                                           a first center line positioned upon said upper surface of said mat;                                                                          
                                           a second center line positioned upon said upper surface of said mat                                                                          
                                parallel to said longitudinal axis and orthogonal with respect to said first center                                                                     
                                line; wherein said second center line intersects said first center line;                                                                                
                                           a plurality of first lines parallel to said first center line;                                                                               
                                           a plurality of second lines parallel to said second center line;                                                                             
                                wherein said first center line, said second center line, said plurality of first lines and said                                                         
                                plurality of second lines provide a plurality of rectangles upon said mat, wherein said                                                                 
                                plurality of rectangles are separated into six non-overlapping sets of four quadrants                                                                   
                                defining a unit area on opposing sides of said second center line wherein each set of said                                                              
                                four quadrants has a center point; and                                                                                                                  
                                           a plurality of markers wherein a single marker is located on selected intersections                                                          
                                of said plurality of second lines with said first line and at each said center point of each set                                                        
                                of four quadrants.                                                                                                                                      









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