Appeal No. 2002-1288 Page 4
Application No. 09/570,759
combine the relevant teachings of the references to arrive at the claimed invention.
See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988) and In re
Lintner, 458 F.2d 1013, 1016, 173 USPQ 560, 562 (CCPA 1972).
Claims 1, 5 and 10, the independent claims on appeal, read as follows:
1. Apparatus including a protective device for musical instruments
comprising:
a soft bottom rest having an angled cavity for receiving a guitar-like
instrument and allowing the guitar-like instrument to rest against a wall or other
substantially vertical structure
5. Apparatus comprising:
a guitar-like instrument in combination with a soft bottom rest shaped to fit
the guitar-like instrument.
10. Apparatus including a protective device for musical instruments
comprising:
a soft bottom rest having an angled cavity for receiving a guitar-like
instrument and allowing the guitar-like instrument to stand upright without resting
against a wall or other substantially vertical structure.
In rejecting claims 1, 5 and 10 under 35 U.S.C. § 1032, the examiner
(1) determined that Garrison teaches the use of a protective device for musical
instruments comprising a soft bottom rest for receiving a guitar and allowing the guitar
to rest against a vertical structure or to stand upright; (2) determined that Hoshino
2 See page 3 of the answer.
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