Ex Parte McPherson - Page 2




               Appeal No. 2006-1834                                                                                                  
               Application No. 09/852,253                                                                                            


                       The claimed invention relates to an acoustic guitar structure including a sound box                           
               having a sound board.  The sound board is constructed of no more than two wood layers                                 
               bonded together with the first and second layers made of different types of wood.                                     
                       Claim 1 is illustrative of the invention and reads as follows:                                                
                       1.  An acoustic guitar, the guitar having a body having a soundboard, the                                     
               soundboard comprising a first layer and a second layer, both layers being bonded                                      
               together, wherein the first and second layers are made of different types of wood, wherein                            
               the sound board comprises no more that [sic]  two layers of wood bonded together.                                     
                       The Examiner relies on the following prior art:                                                               
               Oehrlein    168,665   Oct. 11, 1875                                                                                   
               Petek             2,674,912   Apr. 13, 1954                                                                           
               Irving Sloane (Sloane), STEEL-STRING GUITAR CONSTRUCTION, E.P. Dutton & Co.,                                          
               Inc., New York, page 19 (1975).                                                                                       
                       Claims 1, 2, 7, 8, 20-23, and 25-27 stand finally rejected under 35 U.S.C. § 103(a).                          
               As evidence of obviousness, the Examiner offers Petek in view of Sloane with respect to                               
               claims 1, 2, 7, 8, 20, 21, 23, and 25, and adds Oehrlein to the basic combination with                                
               respect to claims 22, 26, and 27.                                                                                     
                       Rather than reiterate the arguments of Appellant and the Examiner, reference is                               
               made to the Briefs1 and Answer for the respective details.                                                            

                                                                                                                                    
               1 The Appeal Brief (second) was filed November 28, 2003.  In response to the                                          




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