Ex parte TYGAR et al. - Page 7




          Appeal No. 2001-2639                                       Page 7           
          Application No. 09/386,753                                                  


          ball, upstream of the compressed air source would appear to                 
          render Lake’s machine inoperative, as the burst of compressed               
          air would not push the ball out of the barrel.                              
               For the foregoing reasons, we conclude that Lake would                 
          not have suggested the subject matter of claim 1.                           
          Accordingly, we shall not sustain rejection (1).                            
                               Rejections (2) and (3)                                 
               Slonaker is the jumping off point for the examiner’s                   
          obviousness determinations in rejections (2) and (3).  Having               
          carefully reviewed the disclosure of Slonaker, we can find                  
          therein no structure which radially supports and centers the                
          ball on the centerline (central longitudinal axis) of the bore              
          and holds the ball in place so as to respond to the “support                
          means” recited in claims 1 and 7.  From Slonaker’s description              
          of the bolt 40 (column 5, line 65 et seq.), the bolt 40                     
          appears to merely serve an axial pushing function to move the               
          paintball into firing position and does not provide any radial              
          support to center the paintball on the centerline of the bore.              
               We have reviewed the teachings of Bullock and Junkin and               
          find therein no teaching or suggestion to provide structure in              








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