Appeal No. 2004-0603 Page 2
Application No. 09/713,353
BACKGROUND
The appellant’s invention relates to a case for musical instruments comprising a
shell, a device for carrying the case and attachable to the shell, such as shoulder belts
and handles, and an element for receiving a communication device provided on the
device for carrying the case (specification, pages 1 and 2). Representative claims 12
and 19 are reproduced, infra, in the opinion section of this decision.
The examiner relied upon the following prior art references in rejecting the
appealed claims:
Ekman et al. (Ekman) 4,764,962 Aug. 16, 1988
Gormley et al. (Gormley) 5,711,469 Jan. 27, 1998
Fowles et al. (Fowles) 6,123,240 Sep. 26, 2000
(filed Oct. 20, 1998)
Fiedler EP 756,266 Jul. 30, 1997
Miyako et al. (Miyako) 9-154618 Jun. 17, 19971
(Japanese patent publication)
The following rejections are before us for review.
Claims 12, 14, 152 and 17-21 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Fiedler in view of Miyako and Ekman.
1 We derive our understanding of the Fiedler and Miyako references from the translations,
provided by the USPTO, copies of which have been mailed to appellant (see page 3 of the answer, Paper
No. 15). The Miyako reference was referred to by the examiner and appellant as “Nobuhide.”
2 Claim 15 had been rejected in the final rejection (Paper No. 9) as being unpatentable over
Fiedler in view of Miyako, Ekman and Richards (U.S. Pat. No. 4,237,341). In light of the amendment
(Paper No. 10) filed subsequent to the final rejection, the rejection has been changed to reflect the
amendment to claim 15.
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