Appeal No. 97-3197 Page 7
Application No. 08/418,021
Ramey's teaching of a pressure activated switch for actuating a
vibrator in a pillow would have suggested placing a pressure
activated switch for turning off and on a music producing means
in the head depression part of the pillow. Since all the
limitations of claim 5 are not suggested by the applied prior
art, we cannot sustain the examiner's rejection of appealed
independent claim 5, or claims 6 through 8 which depend
therefrom, under 35 U.S.C. § 103.
CONCLUSION
To summarize, the decision of the examiner to reject claim 8
under 35 U.S.C. § 112, second paragraph, is reversed and the
decision of the examiner to reject claims 5 through 8 under
35 U.S.C. § 103 is reversed.
REVERSED
IRWIN CHARLES COHEN )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
LAWRENCE J. STAAB ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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