Ex Parte JOHNSON - Page 9



          Appeal No. 2000-1327                                                        
          Application No. 08/402,624                                                  

          a strong yet constant stream of water in that prior art water               
          guns that rely on compressed air to expel the water (e.g., the              
          water gun of the Johnson reference) suffered from a decrease in             
          the force of the stream of water as the water is expelled, and in           
          that prior art water guns that utilized a expandable bladder                
          filled and pressurized through a household water faucet (e.g.,              
          Shindo and Salmon) could not be refilled and repressurized unless           
          they were recoupled to the faucet.  Turning to the particulars of           
          the proposed combination of reference teachings to render obvious           
          the subject matter of claims 1-3, 5-9, 11-15, 17 and 18, Johnson            
          teaches a “compressed air” scheme for propelling water, and the             
          Shindo and Salmon references teach a “expandable bladder” scheme            
          for propelling water.  As we now see it, the combined teachings             
          of Johnson and either Shindo or Salmon are deficient in that the            
          references lack a clear suggestion for discarding Johnson’s                 
          “compressed air” scheme in favor of the “expandable bladder”                
          scheme of Shindo or Salmon while at the same time retaining                 
          Johnson’s onboard manual pump means and water storage tank 38.              
          Based on the teaching of the references themselves, and without             
          benefit of appellant’s disclosure, we consider that one of                  
          ordinary skill in the art at the time of appellant’s invention              
          would view the water gun of Johnson, with its “compressed air”              
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