Appeal No. 2002-2305
Application No. 09/473,792
muscle tissue, to stimulate proprioceptive functions. Of
importance to appellant is the fact that the deep muscle
stimulation device therein includes a reciprocating hollow head
(44) formed of titanium and containing a quantity of granular
material (50), wherein the granular material is loosely held in
the head and fills only between one-quarter and one-half the
volume of the hollow head. On page 4 of the specification,
appellant indicates that various mixtures of granular materials,
such as diamond, ruby, copper, bloodstone, garnet, malachite or
carbon, produce improved and superior results, with the
particular mixture of 10 grains of diamond, 25 grains of ruby,
200 grains of copper and 100 grains of carbon providing "improved
and extraordinary" results.
Based on appellant's groupings of the claims found on page 6
of the brief, we see independent claim 1 and dependent claim 9 as
being representative. Those claims read as follows:
1. A deep muscle stimulation device comprising, in combination:
a body having an elongated hollow handle with an on/off
switch, an electrical connection and an electrical motor held
herein;
a hollow top housing being connected to the elongated hollow
handle;
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