Appeal No. 2002-1288 Page 6
Application No. 09/570,759
ordinary acoustic guitar, particularly when it is held leaning. In our view, Hoshino's U-
shaped main guitar stand body 20 with a concave region 28 for holding the guitar on
each of the projecting legs does not define an angled cavity.4 Since the rejection before
us in this appeal is based on the examiner's conclusion that it would have been obvious
to modify the guitar holder as taught by Garrison with the cavity as taught by Hoshino,
the rejection is improper and cannot be sustained.
For the reasons set forth above, the decision of the examiner to reject
independent claims 1, 5 and 10, and claims 2 to 4, 6 to 9, 12, 14 and 16 to 19
dependent thereon, under 35 U.S.C. § 103 is reversed.5
4 Cavity is defined as a hollow; a hole; a hollow area within the body. Hole is defined as a cavity in
a solid. Hollow is defined as a cavity, gap, or space: a hollow behind a wall; an indented or concave
surface or area. See The American Heritage Dictionary, Second College Edition, (1982). From these
definitions, it is our view that the broadest reasonable meaning of cavity as it would be understood by one
of ordinary skill in the art, taking into account whatever enlightenment by way of definitions or otherwise
that may be afforded by the written description contained in the appellant's specification (see In re Morris,
127 F.3d 1048, 1054, 44 USPQ2d 1023, 1027 (Fed. Cir. 1997); In re Sneed, 710 F.2d 1544, 1548, 218
USPQ 385, 388 (Fed. Cir. 1983)) is an opening in or a perforation through a solid body, an unfilled area in
a solid body or a dent or depression on a surface, or a hollow or hollow area within a solid body or object.
Clearly, a U-shaped body does not define such a cavity.
5 We have also reviewed the White and Pirchio patents additionally applied in the rejection of
claims 3, 8, 9, 18 and 19 but find nothing therein which makes up for the deficiencies of Garrison and
Hoshino discussed above.
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