Ex Parte Howlett-Campanella - Page 9




               Appeal No. 2005-1953                                                                     Page 9                  
               Application No. 09/765,533                                                                                       


                The specification, pages 3-4, describes Appellant’s invention as follows:                                       
                               The present invention resides in a yoga mat which allows a                                       
                        practitioner to properly align his or her body in a variety of poses as well                            
                        as tracking his or her flexibility progress. The yoga mat generally                                     
                        comprises an elongated mat having an upper and a lower surface. In a                                    
                        particularly preferred embodiment of the invention, the elongated mat                                   
                        has a rectangular configuration.  A symmetrical body placement guide is                                 
                        imprinted on the upper surface of the mat and configured to aid the yoga                                
                        practitioner to properly align the practitioner's body during yoga postures.                            
                        The body placement guide includes a patterned design defining a                                         
                        longitudinal axis which substantially extends the length and bisects the                                
                        upper surface of the mat.  The pattern design also defines a transverse                                 
                        axis bisecting the longitudinal axis.  The longitudinal axis and transverse                             
                        axis define four equal quadrants.  Each quadrant is adjacent to two other                               
                        quadrants.  The pattern design in each quadrant is a mirror image of the                                
                        pattern design of the two adjoining quadrants.                                                          
                               The pattern design typically includes indicia positioned from either                             
                        the longitudinal or transverse axis at a forty-five degree angle. This                                  
                        indicia preferably comprises a line extending from either the longitudinal                              
                        axis or transverse axis at the forty-five degree angle.                                                 
                               The patterned design may define multiple segments of equal area                                  
                        that are parallel to the transverse axis. The pattern design may also                                   
                        define multiple segments of equal area parallel to the longitudinal axis.                               
                               The patterned design includes step indicia within each quadrant.                                 
                        The step indicia may be created by intersecting lines that form a ninety                                
                        degree angle.                                                                                           

                        The specification does not provide a description of the material which forms the                        
                layer or the thickness thereof.  However, the specification states that the mat has an                          
                upper and a lower surface (Page 3) and the mat can vary in shape and size (Page 5).                             
                The specification principally focuses on the indica appearing on the upper surface of                           
                the mat and described in the figures of the application.                                                        








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