Ex Parte MUSACCHIA - Page 2




              Appeal No. 2004-0430                                                                  Page 2                
              Application No. 09/174,868                                                                                  


                                                    BACKGROUND                                                            
                     The appellant's invention relates generally to a hunting device for calling game.                    
              Particularly, the appellant's invention relates to an improved game call device of                          
              unitary construction having a game call portion and a platform portion.  The game call                      
              portion is that portion of the appellant's invention that produces the calling sounds.                      
              Further, the appellant's game call can be retained securely relative to a hunter's body,                    
              and is elevated from the hunter's body by the platform portion.  Thus, the hunter has                       
              instant, ready access to the appellant's call when secured to the body while the field                      
              performance of the appellant's invention, having percussive or friction-generated type                      
              game call portions, is not compromised (specification, p. 1).  A copy of the claims under                   
              appeal is set forth in the appendix to the appellant's brief.                                               


                     The prior art reference of record relied upon by the examiner in rejecting the                       
              appealed claims is:                                                                                         
              Musacchia                           5,607,091                           Mar. 4, 1997                        



                     Claims 1 and 3 to 18 stand rejected under 35 U.S.C. § 103 as being                                   
              unpatentable over Musacchia.                                                                                










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