Appeal No. 1998-0235 Page 6
Application No. 08/709,764
Fortunato's invention relates to toys designed to
simulate actual weapons and rockets. As shown in Figures 1-2,
Fortunato's invention includes a hollow rocket body 10 having
therein a rubber band 16 to propel the rocket body through the
air when the rubber band is stretched by a launcher push rod
19 of launcher assembly 24.
Johnson's invention relates to a toy glider. Johnson
teaches (column 1, lines 60-68) that the toy glider can be
made from Styrofoam® and be formed in the configuration of a
super hero such as "Superman."
Flora's invention relates to a pneumatic toy. Flora
teaches (page 1, lines 55-92) that the pneumatic toy is first
inflated, then a pouch or sack 4 is pressed inwardly causing
an increase in pressure in the pneumatic toy, and then upon
release of the pneumatic toy, the pouch or sack 4 will assume
its normal position causing the pneumatic toy to leap or jump.
The appellant argues (brief, p. 7) that nothing in the
applied prior art suggests the claimed condom spring in an
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