Ex parte SAKUMA et al. - Page 3




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


                                                              BACKGROUND                                                                      
                         The appellants' invention relates to a method for                                                                    
                alleviating pain by contacting a portion of the human body with a                                                             
                magnetic material.  Claims 31 and 32 are representative of the                                                                
                subject matter on appeal and a copy of those claims, as they                                                                  
                appear in the appendix to the appellants' brief, is attached to                                                               
                this decision.                                                                                                                


                         The prior art references of record relied upon by the                                                                
                examiner as evidence of obviousness under 35 U.S.C. § 103 are:                                                                
                Nakayama                                  3,921,620                                 Nov. 25, 1975                             
                Griffin et al.                            4,587,956                                 May  13, 1986                             
                (Griffin)                                                                                                                     
                Lin et al., "Geophysical Variables and Behavior: XXVII Magnetic                                                               
                Necklace: Its Therapeutic Effectiveness on Neck and Shoulder                                                                  
                Pain: 2. Psychological Assessment," Psychological Reports, April                                                              
                1985, pp. 639-649 (Lin)                                                                                                       


                         An additional reference of record relied on by this Board                                                            
                is:3                                                                                                                          
                Markoll                                   5,387,176                                 Feb. 7, 1995                              
                                                                          (filed Apr. 13, 1992)                                              



                         3This reference was cited by the examiner in Paper No. 4                                                             
                and a copy is of record in the application file.                                                                              
                                                                      3                                                                       





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