Appeal No. 2002-2305
Application No. 09/473,792
the examiner's position that choosing a different
combination of the mixture which including granular
diamonds and rubies is simply a matter of design and
fails to patentably define over the prior art.
Furthermore, the feature of choosing a particular
amount of the mixture such as 335 grains of a mixture
of granular diamonds, rubies, copper and carbon, or
approximately 10 grains of granular diamonds, 25 grains
of granular rubies, 200 grains of granular copper and
100 grains of carbon is considered as an obvious design
choice since it appears that such ratio does not
provide any additional advantage benefit so that the
specific amount of elements is not a criticality.
Kamazawa does not explicitly disclose the on/off
switch. However, the feature of having a switch is
considered as an obvious design choice since it is
necessary and well known in the art.
In rejecting claims 9 and 10 under 35 U.S.C. § 103(a) on the
basis of the collective teachings found in Kamazawa and Priest,
the examiner contends that
Kamazawa's hollow head lacks a titanium cap being
secured to the hollow body. However, Priest teaches
vibrating head having a nut 33 (cap) being coupled to a
body 32 for mounting the body 32 to a drive shaft 28.
Therefore, it would have been obvious to one of
ordinary skill in the art at the time the invention was
made to provide Kamazawa's head with a cap as taught by
Priest, in order to replace the head more easier. In
addition, the feature of making the cap of titanium
material is considered as an obvious design preference
since titanium is a well known material in the art and
the material is not a criticality in appellant's
invention (see page 4, lines 2-3 of appellant's
specification) (answer, page 6).
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