In re: Giannelli

Giannelli filed the 261 application, entitled “Rowing Machine,” in 2003, disclosing an exercise machine on which a user can perform a rowing motion against a selected resistance, to strengthen the back muscles. The examiner rejected claims as obvious (35 U.S.C. 103(a)) in light of another patent. The Patent Trial and Appeal Board affirmed. The Federal Circuit reversed, stating that physical capability alone does not render obvious that which is contraindicated. It is not obvious to modify a machine with handles designed to be pushed to one with handles adapted to be pulled. View "In re: Giannelli" on Justia Law