Appeal No. 1998-0235 Page 7
Application No. 08/709,764
internal cavity extending inwardly from the crotch of a
projectile. We agree. In that regard, while the combined
teachings of the applied prior art may suggest a rubber band
be provided in an internal cavity extending inwardly from the
crotch of a projectile, the combined teachings of the applied
prior art do not teach or suggest using a condom spring in an
internal cavity extending inwardly from the crotch of a
projectile. In our view, the teachings of Flora are not
sufficient for a person of ordinary skill in the art at the
time the invention was made to have replaced either the
elastic spring of Uhrig (i.e., spring g) or the elastic spring
of Fortunato (i.e., rubber band 16) with a condom spring as
recited in the claims under appeal (i.e., a condom having a
ring mounted at the front end of the cavity (an internal
elongated cavity formed in the torso having an open front end
at the crotch and a closed rear end in an upper region of the
torso in line with the head)) and a stretchable shank
extending from the ring whose normal length is shorter than
the length of the cavity because Flora's pouch is used to
increase pressure in the toy and not as an elastic spring.
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