Appeal No. 97-3981
Application 08/506,423
slide mechanism in the form of slide member 60, an elongated arm on the free outer end
of the mounting arm in the form of reciprocating member 27, a massaging device in the
form of back contacting portion 46 and a mounting arm movement means in the form of
motor 64. These elements function in operative association with one another as described
at column 2, line 50 et seq.
Persaud, described above, discloses a back massaging device having alternative
massaging implements (see, for example, column 5, lines 21 through 25; and column 6,
lines 1 through 8).
Chong discloses a back massaging apparatus employing pin-mounted weight
members 80 for the purpose of setting desired massage forces (see page 2, lines 40
through 48).
In concluding that the subject matter recited in claims 6 through 8 and 10 would
have been obvious within the meaning of § 103(a), the examiner explains that “[i]t would
have been obvious to modify Schumacher to have the massaging device be removable for
replacement as taught by Persaud to provide a different type of massage” (final rejection,
page 3). With additional regard to claim 9, the examiner states that “[i]t would have been
obvious to further modify Schumacher to add weights as taught by Chong to increase the
pressure of the massaging device to the person to increase the massaging force” (final
rejection, pages 3 and 4).
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