Ex Parte FISCHER et al - Page 4




                 Appeal No. 2002-0342                                                                                   Page 4                     
                 Application No. 09/295,399                                                                                                        


                 of the driving band and an iron partial driving band located at the rear of the driving                                           
                 band.”  However, the examiner is of the opinion that these features are disclosed in the                                          
                 German patent, and it would have been obvious to one of ordinary skill in the art to so                                           
                 modify the projectile of the British reference “to reduce barrel wear, as taught by the                                           
                 German patent.” See Answer, page 3.  The appellants argue in rebuttal that the copper                                             
                 partial bands on the projectile disclosed in the British reference do not engage the rifling                                      
                 of the barrel and therefore are not “guide bands” in the terminology of the invention, and                                        
                 that one of ordinary skill in the art would not have been motivated to combine the                                                
                 references in the manner proposed by the examiner.  See Brief, pages 7 and 8.                                                     
                         As described in the appellants’ specification, “guide bands” are elements which                                           
                 “transfer the torque from the rifling of the weapon barrel” to the projectile to spin-                                            
                 stabilize the projectile (page 2, lines 14-16), and to accomplish this the guide bands                                            
                 “have such a diameter that as the projectile passes through the barrel, they are pressed                                          
                 into the rifling thereof” (page 2, lines 17-20).  The specification explains that guide                                           
                 bands have been made of copper and copper alloy, which have the disadvantage of                                                   
                 being inefficient to transfer torque because of their propensity for high wear as they                                            
                 pass through the barrel (page 2, line 16 et seq.), of soft iron, which has the                                                    
                 disadvantage of increasing wear on the barrel (page 3, line 4 et seq.) and, as in the                                             
                 German patent applied against the claims, of a forward partial guide band of copper                                               
                 arranged ahead of a rearward partial guide band of soft iron, with the copper partial                                             








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