Appeal No. 2001-0688
Application No. 08/689,721 Page 13
engaged in and disengaged from the cap as desired" (See also col.
4, lines 11-15). Moreover, Caplan discloses (col 4, lines 24-32)
that when the assembly is worn as a necklace, the ring portion 20
need not go all the way to the top of clip 13, and may sit on a
lower portion of the cap "by reason of the radius of the cap 12
being larger near its top" and that (col. 4, lines 56-58) that
the clip can be omitted while the cap has a thickened portion for
holding the ring in place.
The examiner should also consider U.S. Patent No. 4,841,829
to Lehmann who teaches that straps can be used to attach a
musical instrument to the body of a user.
The examiner should consider these teachings, alone or in
combination with other prior art, as to the patentability of
claims 11 and 12 under 35 U.S.C. § 103.
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