Ex Parte Blue - Page 2




          Appeal No. 2004-1250                                                        
          Application No. 09/760,400                                 Page 2           


                                     BACKGROUND                                       
               Appellant's invention relates to a portable vibratory                  
          device.  An understanding of the invention can be derived from a            
          reading of exemplary claim 1, which is reproduced below.                    
                    1. A portable, vibrating relaxation device for an                 
               infant or child, specifically configured to accommodate                
               use in a crib, bassinet, playpen, stroller, car seat or                
               other surface, wherein said portable, vibrating                        
               relaxation device comprises:                                           
                    a main housing appropriately sized to accommodate                 
               an infant or child of pre-school age;                                  
                    a vibration genertor retained within said main                    
               housing and attached to an internal sidewall of said                   
               main housing;                                                          
                    a removable cover fabricated of a washable,                       
               textile material forming a rectangular void for                        
               receiving said main housing;                                           
                    an integrated circuit timer for regulating the                    
               control of said vibration generator;                                   
                    attachment means for securing said portable,                      
               vibrating relaxation device to said crib, bassinet,                    
               playpen, stroller, car seat or other surface.                          

               The prior art references of record relied upon by the                  
          examiner in rejecting the appealed claims are:                              
          Komatsu                  5,076,260           Dec. 31, 1991                  
          Chung                    6,077,238           Jun. 20, 2000                  
                                             (filed Feb. 29, 1996)                    

               Claims 1-3 and 6 stand rejected under 35 U.S.C. § 102 as               
          being anticipated by Chung.  Claim 4 stands rejected under                  
          35 U.S.C. § 103(a) as unpatentable over Chung in view of Komatsu.           







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