Ex Parte Mark - Page 2



          Appeal No. 2005-0262                                                        
          Application No. 10/101,732                                                  

          portion at the other side of the flange which terminates in a               
          cylindrical portion that is larger than the said rod, the                   
          cylindrical portion terminates in another rod portion that is               
          smaller in diameter than the said cylindrical portion,                      
               said tool being constructed of a resilient material;                   
               said socket having a distally facing opening and a female              
          threaded recess therein adapted and constructed to accept and               
          retain thereinto the male threaded portion of said tool;                    
               a motor means being mounted within said internal chamber,              
          said motor means including a rotatable shaft, a weight                      
          eccentrically mounted on said shaft, the rotation of said shaft             
          rotates said weight and produces a rapid vibration at said distal           
          end;                                                                        
               battery means mounted within said internal chamber for                 
          providing electrical energy to operate said motor means;                    
               switch means for controlling operation of said motor means,            
          said switch means being mounted in said housing;                            
               a disc means, said disc means mounted on said housing, and             
          being integral therewith, said disc means being reciprocable                
          radially and being movable between a position to operate said               
          switch means into an activating position and into a deactivating            
          position, said disc being manually depressable to move the switch           
          means to said activating or deactivating position.                          
               The examiner relies upon the following references as                   
          evidence of obviousness:                                                    
          Held et al. (Held)         2,917,758                Dec. 22, 1959           
          Sven                       5,247,218                Sep. 21, 1993           
          Mark                       Des. 392,465             Mar. 24, 1998           
               Appellant's claimed invention is directed to a hand held               
          vibrating instrument of the recited structure.                              


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