Appeal No. 2004-0603 Page 4
Application No. 09/713,353
as illustrated in Figure 1. As best seen in Figures 1 and 2, the upper ends of straps 3, 4
are attached to the box at an upper portion thereof, the upper ends of straps 10, 11 are
attached to the box at an intermediate portion thereof and the lower ends of straps 3, 4
are attached to a lower portion of the box, with the hook buckle 20 resting on the
person’s shoulder so that it may take up a shoulder bag (see Figure 1 and page 11 of
the translation). The examiner concedes that Fiedler lacks “means provided on the
carrying means for receiving a communication device, wherein the receiving means
comprises a closable pocket having an insertion opening,” as called for in claim 19.
Miyako discloses a carrying case for a mobile telephone or the like designed for
attachment either to a belt (Figures 1 and 6) worn on slacks or to a “backpack or other
shoulder applying belt” (translation, page 8), as illustrated in Figures 5(C) and 7. The
carrying case has an upper opening which is closable by a narrow covering piece 2,
with openings on either side thereof for passage of, for example, an antenna
(translation, page 15).
Miyako, with its teaching of attaching a carrying case for a mobile telephone,
cassette tape recorder, camera, binoculars or the like (translation, page 10) to the
shoulder straps of, for example, a backpack, would have provided ample motivation to
one of ordinary skill in the art at the time of appellant’s invention to attach such a
carrying case to one of the straps 3, 4, 9, 10 of Fiedler’s musical instrument holding box
to attain the self-evident advantage of convenience in carrying the mobile telephone or
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