Appeal No. 2000-2033
Application 08/331,851
It is our finding that Caron also discloses a toy gun having
an elongated rod wherein an elastic member formed of an annular
rubber band is placed on the end of the rod. Caron teaches
releasing the lash by means of a pivoting latch member 8 which is
adjacent the proximal end of the rod and which engages the second
loop of the elastic band. The pivotal latch is released by a
trigger which is pivotally joined to the rod and placed adjacent
to the latch for selectively releasing the latch and allowing the
annular rubber band to spontaneously contract and be launched off
the end of the toy gun. Caron differs from the subject matter
claimed in that Caron does not disclose the utility of using the
elastic lash for impacting an insect. Furthermore, Caron does
not disclose the elastic lash fixedly joined to the distal end of
the rod. Inasmuch as Caron discloses a latch and a means
comprising a trigger for selectively releasing the latch for the
benefit of providing discharge parts of a toy gun with positive
control and shock absorption, it would have been obvious to use
the pivotal latch and the latch releasing mean of Caron on the
toy gun as disclosed in Kopp.
Appellant argues that Caron and Kopp are non-analogous art.
We disagree. Turning first to Kopp, the reference teaching is
within appellant’s field of endeavor, i.e., killing insects with
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