Appeal No. 2006-0635
Application No. 10/643,288
Kopp shows one rubber band. However, given
one rubber band, it would have been obvious
to employ two for multiplied effect. See In
re Harza, 124 USPQ 378. Further it would have
been obvious to join the rubber bands
together to increase the range of the weapon
[final rejection, page 3].
In response to the appellant’s criticism of this line of
reasoning, the examiner further contends that
The two rubber bands would be looped together
with one end connected to means 4 and the
other end would be connected to fixed piece 7
by a knot or other suitable connection. The
motivation of using two rubber bands rather
than one is merely that at some point in use
the rubber band 5 is going to break, and when
it does the user, may not have a rubber band
of the same length as the original. The user
might have two shorter rubber bands that add
together in length to that of the original
rubber band. So to keep the device
operational the user would have the choice of
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