Application of Francis Lockwood O'Brien

WORLEY, Acting Chief Judge.

This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the Primary Examiner’s rejection of certain claims of appellant’s application for a patent on a musical instrument, on the ground of lack of invention over the prior art.

Appealed claims 4 and 6 read:

“4. A musical instrument comprising a keyboard having a key for each note of the scale, three series of strings, each containing a string for each note of the scale, one of said series having its strings tuned at standard intervals according to the notes which each…