Appeal No. 97-3197 Page 2
Application No. 08/418,021
BACKGROUND
The appellant's invention relates to a music emitting
pillow. A copy of claims 5 through 8 is attached to the appendix
to the appellant's brief.
The prior art references of record relied upon by the
examiner as evidence of obviousness under 35 U.S.C. § 103 are:
Boos 2,940,088 June 14, 1960
Ramey 4,228,793 Oct. 21, 1980
Fry 4,862,438 Aug. 29, 1989
Johenning 5,392,478 Feb. 28, 1995
Claim 8 stands rejected under 35 U.S.C. § 112, second
paragraph, as being indefinite for failing to particularly point
out and distinctly claim the subject matter which the appellant
regards as the invention.
Claims 5 and 6 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Boos in view of Fry and Ramey.
Claims 5 and 6 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Fry in view of Boos and Ramey.
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