Ex parte REINEHR et al. - Page 4




          Appeal No. 95-4269                                                          
          Application 08/123,700                                                      


          answer “it seems elements 3-7 [of Katsanis] will crunch together,           
          making them movably held, upon a powerful blast.”                           
               Appellants also assert on page 2 of their reply brief that:            
               Due to springs which move in the sub-frame, the                        
               grill in applicant’s [sic] invention offers the feature                
               of absorbing kinetic energy and thereby minimizing the                 
               creation of fragments which can travel through the air                 
               channels.  This feature is not at all available with                   
               the arrangement disclosed in the reference patent to                   
               Katsanis.                                                              
          It is not apparent, however, why this feature should be present             
          in appellants’ apparatus and not in Katsanis’, since the Katsanis           
          corrugated sheets 5, 6 are disclosed as acting as “an excellent             
          shock absorber” and appellants disclose at page 2, lines 3 to 13            
          of their application that the energy absorbers can be any of a              
          wide variety of items, including “resilient compression                     
          structures” and “sundry energy absorbers.”  On page 2, lines 15             
          to 20 of their specification, appellants attribute to the use of            
          an energy absorber                                                          
               the possibility of eliminating . . . some amount of                    
               kinetic energy needed to penetrate the grating when a                  
               foreign body collides with it and hence increase                       
               ballistic defense at the same or less weight.                          
          Since the Katsanis apparatus also employs an energy absorber 5, 6           
          with grating 4', we find that it would be inherently capable of             
          performing the same functions as appellants’ disclosed apparatus,           
          including, the functions of “reducing breakup of material having            

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