Ex parte SAKUMA et al. - Page 9




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


                of the ferromagnetic metal plates.  Thus, when Nakayama's                                                                     
                invention is applied to a magnetic medical treatment belly-band,                                                              
                it is necessary to select suitable magnets and ferromagnetic                                                                  
                metal plates suitable for particular applications taking the                                                                  
                above factors into consideration.6                                                                                            


                         Markoll discloses the treatment of acute diseases or                                                                 
                conditions, as from a sports injury, of the musculoskeletal                                                                   
                system excluding fractures with magnetic field therapy.  Markoll                                                              
                states that an important characteristic of his invention is that                                                              
                the field not be greater than 20 gauss.   In Example 1, Markoll  7                                                            
                discloses treating a patient who had a recent (acute) injury to                                                               
                the left shoulder.  The symptoms in the left shoulder were                                                                    
                described as "pain with limitation of movement" which persisted                                                               
                for several weeks.  Normal treatment included pain medication                                                                 
                (analgesics) and ice packing which did not provide relief.                                                                    
                Following 18 magnetic therapy treatments, complete return to an                                                               
                asymptomatic state with no further pain and a full range of                                                                   
                motion were effected, with no reported recurrence of symptoms.                                                                


                         6See column 8, lines 60-68 of Nakayama.                                                                              
                         7See column 1, lines 44-45, and column 2, lines 51-52, of                                                            
                Markoll.                                                                                                                      
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