Ex Parte FISCHER et al - Page 2




              Appeal No. 2002-0342                                                                Page 2                
              Application No. 09/295,399                                                                                


                                                   BACKGROUND                                                           
                     The appellants’ invention relates to a spin-stabilized projectile.  An understanding               
              of the invention can be derived from a reading of exemplary claim 1, which reads as                       
              follows:                                                                                                  
                     1.     A spin-stabilized projectile having a longitudinal projectile axis, a                       
                     projectile body and a guide band being circumferentially mounted on an                             
                     outer face of said projectile body; said guide band comprising a plurality of                      
                     first partial guide bands made of a material selected from the group                               
                     consisting of copper and a copper alloy; said guide band further                                   
                     comprising a plurality of second partial guide bands made of soft iron; the                        
                     total number of said first and second partial guide bands being at least                           
                     four; said first and second partial guide bands alternating with one another                       
                     in an axially adjoining relationship; and a total axial length of all second                       
                     partial guide bands being between 5% and 50% of a total axial length of                            
                     said guide band.                                                                                   
                     The prior art references of record relied upon by the examiner in rejecting the                    
              appealed claims are:                                                                                      
              Himmer                             2,454,801                          Nov. 30, 1948                       
              British Patent Specification       526,941                            Sep. 30, 1940                       
              German Patent1                     308,537                            Feb. 10, 1920                       
                     The following rejections stand under 35 U.S.C. § 103:                                              
              (1) Claims 1, 4 and 6 on the basis of the British specification in view of the German                     
              patent.                                                                                                   
              (2) Claim 7 on the basis of the British reference and the German patent, taken further in                 
              view of Himmer.                                                                                           


                     1Our understanding of this foreign language document was obtained from a PTO translation, a        
              copy of which is enclosed.                                                                                






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