Ex Parte PIVAROFF - Page 3




                    Appeal No. 2002-2305                                                                                                                                  
                    Application No. 09/473,792                                                                                                                            


                             a cam element having a finger held therein held in the                                                                                       
                    hollow top housing;                                                                                                                                   
                             the cam element coupled to the electric motor to translate                                                                                   
                    rotary motion of a shaft of the electric motor to reciprocating                                                                                       
                    motion of a titanium hollow head;                                                                                                                     
                             the titanium hollow head being attached to a linkage means                                                                                   
                    coupled to the finger to allow reciprocation of the hollow head a                                                                                     
                    predetermined amount, in a rapid manner, determined by the speed                                                                                      
                    of the electrical motor;                                                                                                                              
                             the titanium hollow head having a hollow inner chamber with                                                                                  
                    granular material held therein and filing between 1/4 and ½ of                                                                                        
                    the volume of the hollow inner chamber; and                                                                                                           
                             the hollow inner chamber having approximately 10 grains of                                                                                   
                    granular diamonds, 25 grains of granular rubies, 200 grains of                                                                                        
                    granular copper and 100 grains of carbon therein.                                                                                                     


                    9.       The deep muscle stimulation device of claim 1 wherein the                                                                                    
                    hollow head is comprised of a titanium hollow body and a titanium                                                                                     
                    cap secured to the hollow body, and the titanium cap is secured                                                                                       
                    to the linkage means.                                                                                                                                 

                    The prior art references of record relied upon by the                                                                                                 
                    examiner in rejecting the appealed claim are:                                                                                                         
                    Priest                                           1,787,211                                         Dec. 30, 1930                                      
                    Kamazawa                                         4,827,914                                         May   9, 1989                                      

                    Claims 1, 11, 13, 15 and 17 stand rejected under 35 U.S.C.                                                                                            
                    § 103(a) as being unpatentable over Kamazawa.                                                                                                         




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