Ex parte PROFETA - Page 2


          Appeal No. 96-1290                                                          
          Application 08/042,719                                                      

               means for acquiring a target, said acquiring means disposed            
          at a location remote from said gun; and                                     
               means for determining a trajectory of the target with                  
          respect to the gun and providing information relating to the                
          target to the sighting device of the gun such that an operator of           
          the gun can aim the gun with respect to the sighting device to              
          hit the target when the gun is fired, said determining means                
          being in communication with said acquiring means and the sighting           
          device.                                                                     
               The examiner relies on the following references:                       
          Voles               4,370,914           Feb.  1, 1983                       
          Moore               4,531,052           Jul. 23, 1985                       
          Boeck et al.(Boeck) 4,622,458           Nov. 11, 1986                       
          Frohock, Jr.        4,787,291           Nov. 29, 1988                       
          Jaquard et al. 4,922,801           May   8, 1990                            
          (Jaquard)                                                                   
               Claims 1 through 34 stand rejected under 35 U.S.C.                     
          '  103.  As evidence of obviousness, the examiner cites Frohock,            
          Jaquard and Boeck with regard to claims 1 through 10 and 23                 
          through 34, adding Moore with regard to claims 11 through 19 and            
          additionally adding Voles with regard to claims 20 through 22.              
               Reference is made to the brief2 and answer for the                     
          respective positions of appellant and the examiner.                         
                                       OPINION                                        
               We have carefully considered the evidence before us and,               
          based on that evidence, we will not sustain the rejection of                
          claims 1 through 34 under 35 U.S.C. '  103.                                 

                                                                                     
          2   Appellant also filed a FAX (Paper No. 12), which might be               
          considered a supplemental brief, indicating Contraves USA as the            
          real party in interest and that there are no known related                  
          appeals or interferences.  For purposes of our discussion and               
          reference to “the brief,” we consider the brief filed June 21,              
          1995 (Paper No. 10) to be the sole “brief” in the case.                     

                                          2                                           



Page:  Previous  1  2  3  4  5  6  Next 

Last modified: November 3, 2007