Ex parte SAKUMA et al. - Page 8




                Appeal No. 97-2776                                                                                                            
                Application No. 08/252,363                                                                                                    


                         Under the provisions of 37 CFR § 1.196(b), we enter the                                                              
                following new grounds of rejection.4                                                                                          


                         Claims 24, 25, 27, 28, 29 and 31 are rejected under                                                                  
                35 U.S.C. § 103 as being unpatentable over Nakayama in view of                                                                
                Markoll.                                                                                                                      


                         Nakayama discloses a magnetic medical treatment device                                                               
                for efficiently causing magnetic flux to act on a human body.                                                                 
                The magnetic medical treatment device comprises a plurality of                                                                
                magnets so arranged that the same polarity poles of the magnets                                                               
                contact a selected part of a human body.  Nakayama states that                                                                
                his invention is applicable to magnetic medical treatment devices                                                             
                such as a wrist band, belly-band, pillow, bed, pad and plaster                                                                
                which magnetically treat an affected part of a human body.                                       5                            
                Additionally, Nakayama teaches that the increase rate of flux                                                                 
                density varies depending upon the arrangement of magnets, the                                                                 
                space between magnets and the material, size, shape and thickness                                                             

                         4We note that claim 26 has not been subjected to a new                                                               
                ground of rejection since the prior art of record does not                                                                    
                establish that it was known to contact a portion of the human                                                                 
                body with magnetic material contained in fibers of a cloth or in                                                              
                a resin.                                                                                                                      
                         5See column 1, lines 19-28, of Nakayama.                                                                             
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