Appeal No. 96-3885
Application No. 08/255,076
claim, but would be allowable if rewritten in independent form
including all of the limitations of the base claim and any
intervening claims.
Appellant’s invention pertains to a toy for being launched
by a person in a manner similar to a sling through the air to
impart speed to the toy and create airflow past the toy, to a
process of preparing a readily packagable throwing toy, to a
throwing toy, and to a toy for being launched through the air to
impart speed to the toy and to create airflow past the toy. An
understanding of the invention can more fully be derived from a
reading of exemplary claims 1, 8, 15, and 19, as they appear in
the application file. 2
As evidence of obviousness, the examiner has applied the
patents listed below:
Klahn et al. (Klahn) 4,151,674 May 1, 1979
Stauffer 4,290,226 Sep. 22, 1981
Waters 4,624,648 Nov. 25, 1986
Hill 4,790,788 Dec. 13, 1988
2We have relied upon the claims as they appear in the
application file in light of errors found in the copies of the
claims appended to appellant’s brief.
2
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