Appeal No. 2004-0603 Page 3
Application No. 09/713,353
Claim 16 stands rejected under 35 U.S.C. § 103 as being unpatentable over
Fiedler in view of Miyako, Ekman and Fowles.
Claim 22 stands rejected under 35 U.S.C. § 103 as being unpatentable over
Fiedler in view of Miyako, Ekman and Gormley.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding the above-noted rejections, we make reference to the answer
(Paper No. 20) for the examiner's complete reasoning in support of the rejections and to
the brief and reply brief (Paper Nos. 14 and 16) for the appellant’s arguments
thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellant's specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the examiner. As a consequence
of our review, we make the determinations which follow.
We turn our attention first to claim 19, which reads as follows:
19. A case for musical instruments, comprising a shell;
means for carrying the case and attached to the shell; and
means provided on the carrying means for receiving a
communication device, wherein the receiving means
comprises a closable pocket having an insertion opening.
Fiedler discloses a box 1 for holding a musical instrument and straps 3, 4
connected via a hook buckle 20 with straps 10, 11 worn by the person carrying the box
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