Ex parte BENARON - Page 2




          Appeal No. 97-3982                                                          
          Application 08/336,323                                                      


               The claimed invention is directed to a massaging unit                  
          which contains a receptacle for a self-contained temperature                
          storage enclosure that can provide heating or cooling as well               
          as massage to a portion of the user’s body.                                 




               Claim 1, reproduced below, is further illustrative of the              
          claimed subject matter.                                                     
               1.  A hot and cold massaging unit comprising:                          
               a flexible housing which has a generally flat shape that               
          is conformable to a user’s body and which includes at least                 
          one receptacle therein of similar flat shape;                               
               vibrator means contained within said housing adjacent                  
          said receptacle; and                                                        
               a self-contained temperature storage enclosure (1) which               
          includes a material having the property of providing or                     
          releasing heat, (2) which has a flat shape similar to that of               
          said receptacle so that said temperature storage enclosure can              
          be easily inserted into an easily removed from said receptacle              
          and (3) which is adapted both to transmit vibrations from said              
          vibrator means and to apply its temperature to the user’s                   
          body.                                                                       
               The references of record relied upon by the examiner as                
          evidence of obviousness are:                                                

          Mensi                    1,927,751           Sep. 19, 1933                  
          Taylor                   3,710,784           Jan. 16, 1973                  
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