Ex parte MEGER - Page 3




          Appeal No. 96-3037                                                          
          Application No. 08/252,474                                                  


               Claims 1, 2, 6-8 and 10-12 stand rejected under 35 U.S.C.              
          § 102(b) as being anticipated by Bauer.                                     
               Claim 3 stands rejected under 35 U.S.C. § 103 as being                 
          unpatentable over Bauer in view of Creedon.                                 
               The rejections are explained in the Examiner's Answer.                 
               The opposing viewpoints of the appellant are set forth in              
          the Supplemental Brief.                                                     


                                       OPINION                                        
               Two of the rejections are under 35 U.S.C. § 102, which means           
          that a single prior art reference must disclose, expressly or               
          under the principles of inherency, each and every element of the            
          claimed invention.  See RCA Corp. v. Applied Digital Data                   
          Systems, Inc., 730 F.2d 1440, 1444, 221 USPQ 385, 388 (Fed.                 
          Cir.), cert. dismissed sub nom., Hazeltine Corp. v. RCA Corp.,              
          468 U.S. 1228 (1984).                                                       
                   The Section 102 Rejection on the Basis of Thio                     
               Claim 1 first stands rejected as being anticipated by Thio,            
          which also is directed to a railgun.  As disclosed (see Figure              
          3), the appellant’s railgun incorporates a pair of laminated                
          composite insulators 32, each consisting of a plurality of flat,            
          rectangular alternating insulating and conducting layers.  The              
                                          3                                           





Page:  Previous  1  2  3  4  5  6  7  8  9  Next 

Last modified: November 3, 2007