Ex parte MEGER - Page 4




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


          alternating layers are disposed parallel to the bottom and top              
          surfaces, respectively, of a pair of spaced rails 35a and 35b,              
          and are coextensive therewith.  The spaced inner edges of the               
          insulators, together with the bottom and top surfaces of the                
          rails, define the bore of the railgun.  However, the elements of            
          the device are not defined so precisely in claim 1, which merely            
          requires that the laminated insulator be “comprised of laterally            
          positioned layers of insulation material separated by a                     
          conducting layer.”  While no reference point is recited in the              
          claim from which the layers of insulation material are “laterally           
          positioned,” the appellant and the examiner appear to agree that            
          the claim should be interpreted such that this reference point is           
          the longitudinal axis of the bore, a conclusion with which we               
          agree.                                                                      
               Thio discloses a railgun in which the components are                   
          arranged in a circular array.  As shown in Figure 4.1(a) the                
          centrally located bore of the gun is defined by a pair of spaced            
          upper and lower arcuate rails and a pair of spaced arcuate                  
          laminated insulators (Figure 4.1(b)) interposed at the sides, as            
          shown.  It is the examiner’s position that Thio’s insulators are            
          “laterally positioned” within the common definition of this                 
          phrase, and thus meet the terms of the claims, since the                    

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