Appeal No. 97-3982
Application 08/336,323
Only the first group of claims, i.e., claims 1, 2 and 5-
7, has been argued by appellant in the brief. Consequently,
the examiner treats only these claims in detail in the answer.
According to the examiner, Taylor teaches a massaging
unit with a flexible housing 40, a vibrator means 10, and a
self-contained temperature storage enclosure 30 within the
housing.
It is the examiner’s view that Mack teaches that it is known
to have a vibrator means having a flat bottom housing 5.
Therefore, the examiner concludes that it would have been
obvious to one having ordinary skill at the time the invention
was made to remove the massage fingers 24 of Taylor, and
following the teaching of Mack to provide a flat-bottom
housing 5. Additionally, the examiner is of the view that
Westplate teaches that it is known to provide a removable
heating and cooling enclosure 21 and a receptacle as set forth
in column 2, lines 46 to column 3, line 47. Therefore, the
examiner has determined that it would have been obvious to
provide a removable heating and cooling enclosure in the
receptacle adjacent to the vibrator of Taylor.
OPINION
4
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