Ex parte SAKUMA et al. - Page 15




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


          magnetic field not greater than 20 gauss to relieve pain as                 
          suggested and taught by Markoll and to have used the device to              
          reduce arthritic pain as suggested by Griffin.                              


               Claim 29 is rejected under 35 U.S.C. § 103 as being                    
          unpatentable over Nakayama in view of Markoll, as applied above             
          with respect to claim 31, and further in view of Griffin.                   


               Dependent claim 29 adds to independent claim 31 the                    
          limitation that the body is contacted with the S-pole of the                
          magnetic material.  As set forth previously, Nakayama teaches               
          that the magnets are arranged so that the same polarity poles of            
          the magnets contact the selected part of the human body.                    
          Further, as set forth above, Griffin teaches to first treat the             
          patient with the magnetic device in the N-pole mode (e.g., the              
          body is contacted with the N-pole of the magnetic material) and             
          then treating the patient in the S-pole mode (e.g., the body is             
          contacted with the S-pole of the magnetic material).  It is our             
          opinion that it would have been further obvious to one of                   
          ordinary skill in the art at the time of the appellants'                    
          invention to have contacted the selected part of the human body             



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