Appeal No. 2002-2305
Application No. 09/473,792
The examiner's reasoning in rejecting claims 1, 11, 13, 15
and 17 under 35 U.S.C. § 103(a) on the basis of the teachings
found in Kamazawa is set forth on pages 4-5 of the answer.
Essentially, the examiner is of the view that Kamazawa teaches a
vibrator or deep muscle stimulation device like that set forth in
the independent claims on appeal, except that the device in
Kamazawa does not include 1) an on/off switch, 2) the use of the
particular mixture of granular material specified in the claims
(i.e., a mixture including granular diamonds and rubies along
with granular copper and carbon), or 3) the specified amounts of
such granular materials totaling 335 grains. According to the
examiner, the feature of providing an on/off switch, a particular
mixture of granular material including diamonds and rubies, and
the feature of choosing particular amounts of the granular
materials totaling 335 grains, are each "considered as an obvious
design choice." The examiner's reasons for such conclusions are
set forth as follows on pages 4 and 5 of the answer:
the feature of choosing a granular material from a
mixture of granular diamonds and rubies along with the
copper and carbon is considered as an obvious design
choice since it appears that Kamazawa's device would
perform equally well with the mixture choosing formed
of granular diamonds, rubies, copper and carbon. In
addition, since appellant fails to provide supports on
how and why the additional diamond and rubies being
able to produce improved and superior results, it is
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