Ex parte BEATTY - Page 7




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

                    Therefore, we will not sustain the rejection of                    
          Claims 22 and 23.                                                            
          Claim 24                                                                     
                    Claim 24 covers a music teaching system in which a                 
          computer screen displays a sequence of colors that match                     
          color-coded handbells.  The claim stands rejected under 35                   
          U.S.C. § 103 as being unpatentable over Sasaki in view of                    
          either Chute or admitted prior art.                                          
                    According to the examiner, it should be readily                    
          apparent to one skilled in the art that Sasaki can be adapted                
          to be used with hand bells.  Examiner’s Answer at 6.                         
          Appellants argue that Sasaki’s apparatus plays the note                      
          displayed and does not teach displaying an indicium to elicit                
          a note from an instrument player.  Appeal Brief at 15.  The                  
          examiner responds by pointing to Sasaki’s Background section.                
          Examiner’s Answer at 10.  We agree with appellants.                          
                    Sasaki’s Background describes a prior method for                   
          learning music in which a music tune was reproduced using                    
          musical instruments.  Sasaki says that such methods had                      
          difficulties that are overcome by Sasaki’s method in which the               
          music is reproduced not by instruments but by a computer.  The               

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