Appeal No. 2006-0635
Application No. 10/643,288
waiting to get another rubber band of the
same length as the original or employ two
shorter rubber bands. Hence one skilled in
the art would have found it obvious to employ
two or a plurality of rubber bands instead of
one. A user would have contemplated both a
lengthwise connection between the rubber
bands and also a side by side connection of
the rubber bands along one stock. Other
configurations are also possible. . . . The
multiplied effect is that combination when
connected in a U-shaped mounting with two
ends mounted to the front of the rubber band
gun and the middle portion mounted to the
fixed piece 7 would have a wider area of
rubber being sent at the insect which is a
multiplied effect [answer, page 4].
Rejections based on 35 U.S.C. § 103(a) must rest on a
factual basis. In re Warner, 379 F.2d 1011, 1017, 154 USPQ 173,
177-78 (CCPA 1967). In making such a rejection, the examiner has
the initial duty of supplying the requisite factual basis and may
not, because of doubts that the invention is patentable, resort
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