Appeal No. 97-3981
Application 08/506,423
follows:
1. In combination with a bed that is located on a floor, a space located between
said bed and said floor, a massaging apparatus totally confined within said space, the
improvement comprising:
a portion of said massaging apparatus to be movable from said space and located
in a suspended position above said bed, upon operation of said massaging apparatus
said portion to apply massaging therapy to a human located on said bed from above said
bed and upon termination of the operation said portion to be moved and relocated within
said space.
The references relied upon by the examiner as evidence of anticipation and
obviousness are:
Persaud 4,984,568 Jan. 15, 1991
Schumacher 5,078,125 Jan. 7, 1992
Chong, British Patent Document 2,166,351 May 8, 1986
The appealed claims stand rejected as follows:
a) claims 1 through 5 under 35 U.S.C. § 102(b) as being anticipated by Persaud;
b) claims 6 through 8 and 10 under 35 U.S.C. § 103(a) as being unpatentable over
Schumacher in view of Persaud; and
c) claim 9 under 35 U.S.C. § 103(a) as being unpatentable over Schumacher in
view of Persaud, and further in view of Chong.
Reference is made to the appellant’s brief (Paper No. 7) and to the examiner’s final
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