Appeal No. 1998-0531
Application 08/464,489
therewith and current is applied to the element 23 to heat the
apparatus, and thus the injury site. As explained at column
3, lines 37-41, “[t]he sheets forming the envelope are
preferably formed from a plasticized, flexible, polymeric film
having . . . good resistance to heat in the temperature range
of interest, normally between about 95EF (35EC) to 160EF
(71EC)” (emphasis added).
The examiner’s position that the Feldman apparatus
anticipates claim 28 is not well taken. First, Feldman is not
disclosed as being a heating apparatus for heating a site to a
substantially uniform temperature of at least about 300EF.
Second, given the fact that Feldman is for use in heating body
parts, and that the film from which the envelope is made has
good resistance to heat in the temperature range of between
about 95EF to 160EF, it is simply not reasonable to presume
that Feldman’s apparatus is capable of heating a site to which
it may be applied to a temperature of at least about 300EF.
Third, the examiner has provided no evidence or technical
reasoning that would suggest that Feldman’s apparatus is
capable of functioning in the manner called for in the
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