Appeal No. 99-0629 Page 11
Application No. 08/778,059
connected by means of connection rods (18) to a trip pin (38).
When the user pulls the finger grip (15), the trip pin (38)
causes the trigger (36) to rotate clockwise as shown in Figure
2, thereby releasing a bullet (32), which is fired from the
barrel under the force of the spring (34). It does not appear
to be in dispute that Breneman discloses a projectile
apparatus as recited in claims 25 and 27, except that the
Breneman discharge means (firing pin 33 and spring 34) expels
the bullet (32) by direct impact with the bullet rather than
by air compression.
In rejecting claims 25 and 27, the examiner states that
[Tsao] teaches the use of an air compressing portion 41
for propelling a projectile 8. Trigger means 14 coupled
to discharge means 5 for triggering discharge means 5.
It would have been obvious to a person having ordinary
skill in the art at the time of [appellant's] invention
to modify the
gun of Breneman as taught by [Tsao] for the purpose of
increasing the life of the propelling mechanism, [Tsao],
col. 1, lines 18-24 [final rejection, page 3].
The appellant argues that it would not have been obvious
to modify the apparatus of Breneman to provide an air
compression discharge means because Breneman teaches away from
the
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