Ex parte BARBACCIA - Page 3




              Appeal No. 2001-0058                                                                  Page 3                 
              Application No. 281,815                                                                                      


                     In reaching our decision in this appeal, we have given careful consideration to the                   
              appellant's specification and claims, to the applied prior art references, and to the                        
              respective positions articulated by the appellant and the examiner.  As a consequence of                     
              our review, we make the determinations which follow.                                                         
                     Independent claim 1 is directed to a method for creating discrete clouds of burning                   
              matter which can be utilized for military countermeasures purposes to protect aircraft and                   
              other vehicles against infrared heat-seeking hostile missiles and light radiation devices                    
              such as laser weapons.  The objective is to dispense from the vehicle a cloud of burning                     
              matter that has the same radiation signature as the vehicle propulsion means, so that any                    
              weapon is disposed to focus upon the cloud of burning material rather than the vehicle.  As                  
              manifested in claim 1, the method  comprises the steps of withdrawing from the fuel tank of                  
              the vehicle for which the protection is intended a quantity of the fuel used in the propulsion               
              means of the vehicle, passing this fuel to a dispenser, gelling the fuel by adding a gelling                 
              agent, passing the gelled fuel through a plurality of openings in an apertured plate to                      
              change it into particulate form, the passing through being at a rate and pressure that will                  
              impart momentum sufficient to project the particles away from the dispenser such that the                    
              particulate gelled fuel is expelled from the vehicle in the form of a discrete cloud of                      
              particles, and igniting the cloud in the dispenser prior to its expulsion from the vehicle to                











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