Ex Parte JOHNSON - Page 7



          Appeal No. 2000-1327                                                        
          Application No. 08/402,624                                                  

               The advantage of this arrangement over prior art water guns            
          such as Johnson is set forth on page 7 of appellant’s                       
          specification as follows:                                                   
                    The expandable pressure tanks as just describe[d]                 
               maintain a more constant pressure upon the water                       
               therein as compared to pressure tanks of the prior art                 
               utilizing compressed air.  This is due to the fact that                
               [in the prior art] as water is removed from the                        
               pressure tank the volume of airspace increases while                   
               the quantity of air remains the same.  This results in                 
               a rapid decrease in air pressure pressurizing the water                
               within the tank.                                                       
               Thus, the key distinguishing feature of the presently                  
          claimed water gun relative to the prior art Johnson water gun is            
          the expandable pressure reservoir.  This feature is set forth in            
          one form or another in each of the independent claims on appeal.            
               The references presently relied upon by the examiner, and by           
          us in the prior decision, to bridge the gap between the prior art           
          Johnson water gun and the claimed subject matter are Shindo and             
          Salmon.  In each of these references, water under pressure is               
          forced into an elastic bladder by connecting the bladder to a               
          source of pressurized water, such as a conventional faucet.2  See           
          Shindo, column 3, lines 19-35, and Salmon, column 2, lines 37-50.           

               2In the background section of the specification, appellant             
          recognizes that water guns operating on this principle were known           
          at the time of appellant’s invention.                                       
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