Ex Parte Cohen - Page 5

                Appeal 2006-3264                                                                             
                Application 10/685,377                                                                       
                      For the above reasons we are not convinced of reversible error in the                  
                Examiner’s rejection of claim 1.  Accordingly, we affirm the rejection of                    
                that claim and claims 2-4 and 6-14 that stand or fall therewith.                             
                                                  Claim 5                                                    
                      Claim 5 depends from claim 1 and requires “a plurality of                              
                interchangeable plates, a first plurality of said plates having pellets sized to             
                absorb and dissipate kinetic energy from high velocity armor-piercing 12.7                   
                mm – 14.5 mm projectiles, a second plurality of said plates having pellets                   
                sized to absorb and dissipate kinetic energy from high velocity armor-                       
                piercing 14.5 – 30 mm projectiles, and a third plurality of said plates having               
                pellets sized to absorb and dissipate kinetic energy from high velocity                      
                armor-piercing projectiles over 30 mm.”                                                      
                      The Appellant argues that “[s]uch interchangeable armor plates is not                  
                disclosed or hinted at in the references” (Br. 21).  Cohen ‘781 discloses that               
                9.5 mm to 30 mm projectiles can be dealt with by using panels having                         
                pellets with varied heights and diameters, and by using multilayered panels                  
                (Cohen ‘781, col. 6, ll. 43-59).  That disclosure would have fairly suggested,               
                to one of ordinary skill in the art, making interchangeable plates that have                 
                the same size for protecting a particular armored vehicle part of a given size,              
                such as a door, but have different pellet heights and diameters, such that a                 
                choice can be made of one of those plates, or multiple plates in multilayer                  
                form, to provide the level of protection needed for a particular projectile                  
                size.                                                                                        
                      We therefore affirm the rejection of claim 5.                                          




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