Appeal No. 2005-0211 6
Application No. 10/264,717
On the other hand, according to the examiner the stitching of Natiw could broadly
be viewed as a mechanism for removably attaching items to the puppet doll inasmuch as
stitches can be undone if desired.
We favor the examiner’s broad interpretation over appellant’s more narrow view
since neither appellant’s claims nor the specification specifically define the expression
“removably attachable” in terms of limitations or factors which may adversely affect the
integrity of the doll. Certainly, stitching can be undone with minimal affect on the doll
proper, if done carefully.
Furthermore, we note that items of clothing can be added to the doll of Natiw
(column 9, line 65 - column 10, line 2; column 10, lines 62-64). In such circumstances,
items of clothing could also be considered accessories, i.e. indicia, which are ordinarily
“removably attachable” to a portion of the body.
Rejection (4)
This 35 U.S.C. § 103 rejection, based upon Sisler and Holt, is affirmed. Sisler has
been discussed above. Holt shows a finger puppet having a tether or strap 42 attached to
the body of the puppet which allows a user to hang the puppet in an upright position.
Appellant argues that there would be no motivation to equip the Sisler doll with a
strap, as in Holt, since the Sisler doll apparently can sit in a self-sustaining upright position
without the need for additional support.
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