Appeal No. 2000-2033
Application 08/331,851
an elastic lash attached to a toy pistol handle. Furthermore,
since Caron is directed to a disclosure which is concerned with
releasing an elastic band, Caron is clearly reasonably pertinent
to appellant’s problem.
Appellant argues that there is no suggestion for the
examiner’s proposed combination of references. This is clearly
not the case. Caron specifically discloses that his release
means and his latch are provided to enable a positive acting
release of the elastic band. Furthermore, Caron teaches that the
provision of spring 16 on his latch means provides a shock
absorbing mechanism to preclude the possibility of damage to the
pistol. These are express, written suggestions of the
desirability of the mechanism of Caron which would have clearly
motivate one of ordinary skill to include such modifications on
the pistol of Kopp.
We are further in agreement with the examiner that claims 1
and 4 through 10 do not preclude the presence of a knot on the
pistol of Kopp. We further disagree with the appellant’s
repeated assertion that the "primary function of Kopp’s toy gun
is a toy gun." It seems clear that the disclosure in Kopp
mentions killing insects in several locations, and Fig. 1 of the
patent clearly discloses using the gun to kill an insect.
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