Ex Parte CONTE - Page 8



          Appeal No. 2000-2033                                                        
          Application 08/331,851                                                      

               Likewise, we affirm the rejection of claims 7 through 10               
          based on the combined teachings of Kopp, Caron and Watkins.                 
          Watkins is cited to disclose a preferred manner of securing the             
          rubber band to the distal portion of the elongated rod of the               
          pistol shaped frame.  Watkins uses a keyhole slot which allows              
          ready replacement of the rubber band, but insures that the rubber           
          band will not become easily detached under even the most violent            
          manipulation of the gun.  Following this express disclosure of              
          Watkins, it would have been obvious to use a keyhole slot to                
          attach the rubber band to the insect killing gun of Kopp.                   
               Appellant argues that Watkins is not within appellant’s                
          field of endeavor.  Even if this were the case, appellant has not           
          argued that Watkins is not reasonably pertinent to the problem              
          with which appellant is concerned.  In our view, the gun of                 
          Watkins is reasonably pertinent to appellant’s problem.                     
          Appellant states there is no motivation for using the feature of            
          Watkins with the combined teachings of Caron and Kopp.  As noted            
          above, Watkins provides express, written motivation or suggestion           
          for the examiner’s proposed combination for claims 8 and 9.  We             
          agree with the examiner that the exact orientation of the keyhole           
          slot is a design choice.  We note appellant’s reliance on                   
          benefits such as loose support of the lash, easy replacement                
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