Ex Parte McPherson - Page 2




          Appeal No. 2003-0348                                                        
          Application 09/567,145                                                      


          double patenting has been withdrawn by the examiner [answer, page           
          6].  Since this was the only rejection against claims 30-36,                
          these claims have now been indicated to contain allowable subject           
          matter.  Therefore, this appeal is now directed to the rejection            
          of claims 17-20, 25-29 and 37.                                              
          The disclosed invention pertains to an acoustic guitar.                     
          Representative claim 17 is reproduced as follows:                           
               17. In an acoustic guitar the guitar having a sound box                
          having a sound board, a neck, a plurality of strings positioned             
          above the sound board, the improvement comprising the sound board           
          comprising no more that [sic] two layers of wood bonded together,           
          wherein the grain direction of the two layers of wood are in                
          substantially parallel planes, running in substantially                     
          perpendicular directions.                                                   

          The examiner relies on the following references:                            
          Oehrlein                          168,665        Oct. 11, 1875              
          Besnainou et al. (Besnainou)    5,171,926        Dec. 15, 1992              
          Sloane, Steel-String Guitar Construction, 1975 by E. P. Dutton              
          & Co., Inc., page 19.                                                       
          Claims 17-20, 25-29 and 37 stand rejected under 35 U.S.C.                   
          § 103(a).  As evidence of obviousness the examiner offers                   
          Oehrlein in view of Besnainou and Sloane.                                   
          Rather than repeat the arguments of appellant or the                        
          examiner, we make reference to the briefs and the answer for the            
          respective details thereof.                                                 

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