Ex parte BEATTY - Page 4




          Appeal No. 95-2990                                                           
          Application 08/147,907                                                       

          having a symbol corresponding to a musical note.  A student                  
          plays on a musical instrument the note represented by the                    
          displayed card.  Column 8, lines 50-61.  In effect, a sequence               
          of cards is used as the written score.                                       
                    Chute teaches that a written score should have each                
          note indicated by a different color so that a student can                    
          easily learn to play color-coded hand bells.  Column 2, line                 
          72 through column 3, line 4.                                                 
                    The admitted prior art teaches a method similar to                 
          Chute in which a teacher points to the colored notes on a                    
          large chart and the students play the color-coded bells                      
          corresponding to the colored notes.  Specification at 2, lines               
          12-18.                                                                       
                    According to the examiner, one of ordinary skill in                
          the art was motivated to use colors instead of symbols on                    
          Searing’s cards in order to easily play bells as suggested by                
          Chute.  Examiner’s Answer at 5.     Appellants argue that                    
          Searing’s method is only applicable after basic scale                        
          instruction has been completed, which is not in accordance                   
          with the limitations required in Claim 25.  Appeal Brief at 8.               
          We agree with the examiner.                                                  

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