Ex parte BRIAN S. PETRUCCI - Page 4




          Appeal No. 95-3109                                                          
          Application 08/043,113                                                      


               Yanagishima, the examiner's primary reference, “relates to a           
          speaker using a vehicle panel as a replacement for the speaker              
          cone of a cone-type speaker” (column 1, lines 13-15).  As                   
          explained at column 3, lines 24-29,                                         
               [t]he panel speaker 50 generally utilizes a vehicle                    
               panel 52, which comprises part of a vehicle body, as as                
               [sic, as an] oscillation member instead of a speaker                   
               cone.  The vehicle panel 52 is oscillated by a driver                  
               54 which is attached to the vehicle panel 52 and drives                
               the latter to produce audio sound vibrations.                          
               In Figures 14-30, Yanagishima discloses several embodiments            
          for providing the rear parcel shelf of a vehicle with both a                
          panel speaker and a cone-type loudspeaker.  The linchpin of the             
          standing  103 rejections is the examiner’s position that it                
          would have been obvious to one of ordinary skill in the art to              
          modify the Figures 17-18 embodiment of Yanagishima in view of the           
          Figures 19-21 embodiment thereof in a manner that would result in           
          the subject matter of independent claims on appeal.  The examiner           
          explains the rejection on pages 4 and 5 of the answer as follows:           
               In Yanagishima et al., Fig. 18, the rear parcel shelf                  
               inner panel 103 which constitutes a part of the vehicle                
               body is readable as a so-called “vehicle body member.”                 
               See column 7, lines 66-68.  Further, the rear parcel                   
               shelf 100 . . . formed with through openings 120 is                    
               readable as a so-called “support member having an                      
               opening therein[.]”                                                    
                    Yanagishima et al., Fig. 21, discloses another                    
               embodiment of a mounting assembly for mounting a                       
               loudspeaker in a vehicle wherein the speaker cover or                  
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