Appeal No. 2000-1327
Application No. 08/402,624
rejection of said claims under 35 U.S.C. § 103 based on an
alternative secondary reference. In response to the new ground
of rejection, appellant elected to continue prosecution in order
to bring before the examiner evidence of nonobviousness that was
not previously of record. Accordingly, although the appealed
claims, applied references, and rejections are unchanged relative
to their counterparts in the previous appeal, the record before
us for review now includes the aforementioned evidence of
nonobviousness.
Appellant’s invention pertains to a toy water gun having an
onboard water storage tank, a manually actuated pump, and an
expandable pressure reservoir. Claim 1, a copy of which is
appended to appellant’s brief, is illustrative of the appealed
subject matter.
The references of record relied upon by the examiner in
support of rejections under 35 U.S.C. § 103 are:
Cloutier et al. (Cloutier) 4,509,659 Apr. 9, 1985
Salmon et al. (Salmon) 4,735,239 Apr. 5, 1988
Shindo 4,854,480 Aug. 8, 1989
Johnson et al. (Johnson) 5,150,819 Sep. 29, 1992
Claims 1-3, 5-9, 11-15, 17 and 18 stand rejected under
35 U.S.C. § 103 as being unpatentable over Johnson in view of
Shindo.
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