Ex parte PROFETA - Page 5


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

               If the remote aiming control system of Jaquard was, in fact,           
          known to include a means for acquiring a target, as claimed, the            
          examiner should have found evidence of such a control system.  In           
          any event, while Jaquard appears closely related to the claimed             
          subject matter, we will not speculate as to what Jaquard meant by           
          the disclosure of providing a function that is “equivalent to               
          that of a stabilized remote aiming control station operating as a           
          master station for a weapon system.”  We do not find a clear                
          teaching or suggestion, in the applied references, of providing a           
          “means for acquiring a target, said acquiring means disposed at a           
          location remote from said gun,” as claimed.                                 
               The other applied references to Moore and Voles are not seen           
          to provide for the deficiencies noted supra with regard to                  
          Frohock, Jaquard and Boeck.                                                 
               Accordingly, the examiner’s decision rejecting claims 1                
          through 34 under 35 U.S.C. '  103 is reversed.                              
                                         REVERSED                                     



          Kenneth W. Hairston             )                                           
               Administrative Patent Judge     )                                      
                    )                                                                 
                                            )                                        
                                             )                                        
                    Errol A. Krass                  ) BOARD OF PATENT                 
                    Administrative Patent Judge     )   APPEALS AND                   
                                             )  INTERFERENCES                         
                                             )                                        
                                       )                                             
                    Lee E. Barrett                  )                                 
                    Administrative Patent Judge     )                                 


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