Appeal No. 97-2776
Application No. 08/252,363
art at the time of the appellants' invention to have contacted
the selected part of the human body with the S-pole of the
magnets such being a matter of designer's choice. See In re
Kuhle, supra.
Claim 32 is rejected under 35 U.S.C. § 103 as being
unpatentable over Nakayama in view of Markoll, as applied above
with respect to claim 31, and further in view of Griffin.
Griffin discloses a magnetic therapeutic device for humans
and animals. Griffin states that strained and sprained muscles,
bruised tissues and stiff or arthritic joints are common problems
in both humans and animals. Conventionally these are treated by
applying heat to the body part in some way, for example, by hot,
wet compresses, electric heating pads, diathermy machines or hot
water baths or boots. Instead, Griffin teaches to treat these
common problems with his magnetic therapeutic device wherein all
the magnets are polarized in the same direction, that is, all the
N-poles are on one side of the wrapper, and all the S-poles are
on the other. The device is applied first to a joint by turning
it to the N-pole configuration mode shown in Figure 5 with the
N-poles facing inwardly until pain is relieved, after which it
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