Appeal No. 2005-1953 Page 6
Application No. 09/765,533
Appellant argues “a review of the figures of the provisional and non-provisional
applications clearly show the circular indicia identified by markers 54, 56, and 58 as
well as the plurality of rectangles separated into six non-overlapping sets (e.g., FIG. 8
shows rectangles (unnumbered) with 90 degree corners and sides formed by the
intersections of broken lines 30, 32, 48 et al with each other and with the edge of the
mat).” (Reply Brief filed February 11, 2004, p. 2). Appellant relies on a “marked up”
figure 8 (a new drawing submitted after the original application was filed) to show the
features of claim 23. Specifically Appellant states:
A marked up version of FIG. 8 (with the lines forming the sides of the
rectangles completed in phantom) has been provided for the purpose of
providing clarity and is attached hereto in the Appendix as Exhibit "A". As
seen in the marked-up figure, a first center line 32 is positioned on the
upper surface of the mat. A second center line 30 is positioned on the
upper surface of the mat orthogonal with respect to the first center line
32. The second center line 30 intersects the first center line 32. A
plurality of first lines are shown parallel to the first center line 32.
A plurality of second lines are shown parallel to the second center line
30.
The first center line 32, the second center line 30, and the plurality of
first lines and the plurality of second lines provide a plurality of
rectangles on the mat which are separated into six (A, B, C, D, E, F)
non-overlapping sets of four quadrants (I, II, Ill, IV) which define a unit
area on opposing sides of the second center line. The 90 degree corners
and sides of the rectangles/quadrants are formed by the intersections of
broken lines 30, 32, 48 et al with each other and with the edge of the
mat.
Each set of the four quadrants (I, II, III, IV) has a center point. The
figure also shows a plurality of markers and that a single marker is
located on selected intersections of the plurality of second lines with the
plurality of first lines and at each center point of each set of four
quadrants.
(Reply Brief, filed February 11, 2004 page 22)
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