Appeal No. 1998-0235 Page 4
Application No. 08/709,764
See In re Rijckaert, 9 F.3d 1531, 1532, 28 USPQ2d 1955, 1956 (Fed.
Cir. 1993). A prima facie case of obviousness is established by
presenting evidence that would have led one of ordinary skill in the
art to combine the relevant teachings of the references to arrive at
the claimed invention. See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d
1596, 1598 (Fed. Cir. 1988) and In re Lintner, 458 F.2d 1013, 1016,
173 USPQ 560, 562 (CCPA 1972).
Claim 1, the only independent claim on appeal, reads as
follows:
A toy projectile and platform assembly comprising:
A. A projectile molded of resilient foam plastic
material in the form of a figure having a head forming a
nose of the projectile, a torso joined to the head, a
pair of aims outstretched to resemble wings extending
from an upper end of the torso, and a pair of legs
extending from a lower end of the torso and a crotch
therebetween;
B. an internal elongated cavity formed in the torso
having an open front end at said crotch and a closed rear
end in an upper region of the torso in line with the
head;
C. An elastic spring received in the cavity having a
normal length which is shorter than the length of the
cavity to allow for expansion of the spring, said spring
being formed by a condom having a ring mounted at the
front end of the cavity and a stretchable shank extending
from the ring whose normal length is shorter than the
length of the cavity; and
D. A platform provided with a probe which when a
player pushes the figure down on the platform then enters
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