Appeal No. 2000-2033
Application 08/331,851
prosecution under 37 CFR § 1.198 and rejected all claims on art
previously of record. The applicant petitioned under 37 CFR §
1.181 contending, inter alia, that the reopened prosecution
failed to comply with 37 CFR § 1.198. In a petition decision
rendered on May 21, 1999, applicant’s petition was denied.
Thereafter, the examiner issued a third office action rejecting
all claims. On June 3, 1999, the applicant again filed a
petition challenging the propriety of the reopened prosecution.
Applicant subsequently filed a Notice of Appeal, and the petition
was denied. Thereafter, applicant filed a brief and the examiner
submitted an examiner’s answer, and the case comes to us as a
normal ex parte appeal.
The claimed subject matter is directed to an insect swatter
which uses an elastic lash in the form of annular rubber band for
swatting an insect. The swatter is in the shape of a pistol and
the band is stretched along the barrel. A release means is
actuated by a latch means to release the stretched rubber band
toward the insect.
The references of record relied upon by the examiner as
evidence of obviousness are:
Kopp 1,009,531 Nov. 21, 1911
Caron 2,054,719 Sep. 15, 1936
Watkins 2,642,057 June 16, 1953
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