Ex Parte Cohen - Page 3

                Appeal 2006-3264                                                                             
                Application 10/685,377                                                                       
                patentability of those claims.  We therefore limit our discussion to claims 1                
                and 5.  See 37 C.F.R. § 41.37(c)(1)(vii) (2004).                                             
                                                  Claim 1                                                    
                      Cohen ‘781 discloses “an armored plate which may be worn to                            
                provide the user with lightweight ballistic protection” (Cohen ‘781, col. 1, ll.             
                11-13) and “armored plates for providing ballistic protection for light and                  
                heavy mobile equipment and vehicles against high-speed projectiles or                        
                fragments” (Cohen ‘781, col. 1, ll. 13-16).  Each plate comprises                            
                      a single internal layer of pellets which are directly bound and retained               
                      in plate form by a solidified material such that the pellets are bound in              
                      a plurality of adjacent rows, characterized in that the pellets have a                 
                      specific gravity of at least 2 and are made of a material selected from                
                      the group consisting of glass, sintered refractory material, ceramic                   
                      material which does not contain aluminum oxide and ceramic material                    
                      having an aluminum oxide content of not more than 80%, the majority                    
                      of the pellets each having at least one axis of at least 3 mm length and               
                      are bound by said solidified material in said single internal layer of                 
                      adjacent rows such that each of a majority of said pellets is in direct                
                      contact with at least 4 adjacent pellets in the same layer to provide                  
                      mutual lateral confinement therebetween, said pellets each have a                      
                      substantially regular geometric form and said solidified material and                  
                      said plate are elastic.  [Cohen ‘781, col. 3, l. 66 – col. 4, l. 15.]                  
                                                   * * *                                                     
                            The solidified material can be any suitable material which                       
                      retains elasticity upon hardening at the thickness used, such as                       
                      aluminum, epoxy, a thermoplastic polymer such as polycarbonate, or                     
                      a thermoset plastic, thereby allowing curvature of the plate without                   
                      cracking to match curved surfaces to be protected, including body                      
                      surfaces, as well as elastic reaction of the plate to incoming projectiles             
                      to allow increased contact force between adjacent pellets at the point                 
                      of impact.  [Cohen ‘781, col. 4, ll. 41-49.]                                           




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