Ex parte SAKUMA et al. - Page 14




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


                device was worn 16 hours per day and that where the device was                                                                
                worn 24 hours per day, the patients reported pain relief in one                                                               
                to two days.   Lastly, Table III shows different kinds of11                                                                                                        
                chronic injuries, including arthritis, for which the device of                                                                
                Griffin was tested.   All the tested patients were in constant                                                                
                pain and were first treated with the device in N-pole mode until                                                              
                pain was relieved.  The device was then reversed to the S-pole                                                                
                mode, resulting in increased circulation, strengthening of the                                                                
                tissues, and promoting healing.12                                                                                             


                         Based on our analysis and review of Nakayama and claim 32,                                                           
                it is our opinion that the only differences are: (1) applying a                                                               
                magnetic field of 2 or more to 20 or less gauss, and (2) applying                                                             
                that magnetic field to the portion of the body until the                                                                      
                arthritic pain is reduced.                                                                                                    


                         With regard to these differences, it is our opinion that it                                                          
                would have been obvious to one of ordinary skill in the art at                                                                
                the time of the appellants' invention to have modified Nakayama's                                                             
                magnetic medical treatment device to apply a low intensity                                                                    

                         11See column 11, lines 4-10, of Griffin.                                                                             
                         12See column 11, lines 11-34, of Griffin.                                                                            
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