Appeal No. 2003-0101
Application No. 09/661,520
sustain the rejection of these claims under 35 U.S.C. § 103.
With regard to claims 6, 13, 17 and 18, the examiner adds
Curran for the teaching of an interactive talking toy having a
sound reproduction system with a memory for storing a plurality
of different sounds.
However, Curran clearly does not remedy the deficiencies of
Saitoh, as noted supra. Therefore, we also will not sustain the
rejection of claims 6, 13, 17 and 18 under 35 U.S.C § 103.
We note in passing that certain of the instant claims, e.g.,
claim 1, appear to be misdescriptive in the recitation of
activating the sound reproduction system after “and only after” a
lifting of the housing “to an ear of a user.” It would appear
that the sound reproduction system would be activated just as
well if the user lifts the housing to a knee, or an elbow, or any
other body part, or structure, so it is unclear why the system is
activated “after and only after” lifting to an “ear.” We leave
it to the examiner and/or appellant to make any amendments deemed
necessary.
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