Appeal No. 2006-0635
Application No. 10/643,288
stretches the resilient band 5 and releasably engages its free
end with the fixed piece 7, grasps the handle portion 1 with an
index finger on the trigger 9, points the gun at a fly or other
insect (see Figure 1), and pulls the trigger causing the end 13
thereof to disengage the resilient band 5 from the fixed piece 7,
whereby the free end of the band is snapped forwardly of the gun
to strike the target (see page 1, lines 59-74).
As conceded by the examiner (see page 3 in the final
rejection), Kopp does not meet the limitation in independent
claim 1 requiring the elastic lash to include a pair of annular
rubber bands joined together at a knot therebetween, or the
corresponding limitation in independent claim 17 requiring the
lash to be configured in a figure eight with first and second
knot-less loops at opposite ends joined together at a knot
therebetween. The appellant’s specification (see, for example
paragraphs [0052-0071]) indicates that these features provide the
lash with improved performance as compared with a simple rubber
band lash. In contrast, Kopp’s lash, resilient band 5, appears
to be in the form of a flat strip.
The examiner deals with the admitted failure of Kopp to meet
the lash limitations in claims 1 and 17 by submitting that:
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Last modified: November 3, 2007