Appeal No. 2006-0635
Application No. 10/643,288
Attention is directed to the main and reply briefs (filed
May 5, 2005 and August 17, 2005) and the final rejection and
answer (mailed December 17, 2004 and July 27, 2005) for the
respective positions of the appellant and examiner regarding the
merits of these rejections.1
DISCUSSION
Kopp, the examiner’s primary reference, discloses a toy gun
for targeting flies or other insects. The gun comprises a handle
portion 1, an elongated stock 2 extending forward from the handle
portion, a resilient band 5 fastened at one end to the front of
the stock by a pin or staple 4, a fixed piece 7 mounted at the
back of the stock for releasably engaging a free end of the
resilient band, and a resilient trigger 9 having one end portion
10 secured to the bottom of the stock, an intermediate portion 12
extending upwardly through an opening 3 in the stock and a second
end portion 13 disposed adjacent the fixed piece. In use, one
1 In the final rejection, claim 17 also stood rejected under 35 U.S.C. § 112, first
paragraph. Upon reconsideration, the examiner has withdrawn this rejection (see page
3 in the answer).
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