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:Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 3, 2007