Ex Parte Barrett et al - Page 2

                Appeal 2007-1254                                                                              
                Application 10/352,542                                                                        

                claims 1-7, 10-29, 37-39, 41-44, 46-81, 87-88, 103-105, and 109-117, which                    
                stand withdrawn from further consideration as directed to a non-elected                       
                invention (Br. 2; Final Office Action dated Jul. 6, 2005, page 2).  We have                   
                jurisdiction pursuant to 35 U.S.C. § 6.                                                       
                      According to Appellants, the invention is directed to black powder                      
                substitutes free of corrosive sulfur compounds, where the propellant                          
                composition comprises a sulfur free deflagrating gas generating formulation                   
                including oxidizing and reducing agents, and a first ignition aid of sodium                   
                nitrobenzoate salt (Br. 3).  Independent claim 30 and dependent claim 32 are                  
                illustrative of the invention and are reproduced below:                                       

                      30.  A propellant composition comprising a sulfur free deflagrating                     
                      gas generating formulation including oxidizing and reducing agents                      
                      selected from the group consisting of carbon, sugars, nitrate salts,                    
                      perchlorate salts, benzoate salts, and mixtures thereof, and a first                    
                      ignition aid of sodium nitrobenzoate salt.                                              
                      32.  The propellant composition as in Claim 30, said sulfur free                        
                      deflagrating gas generating formulation including oxidizing and                         
                      reducing agents selected from the group consisting of carbon, lactose,                  
                      potassium nitrate, potassium perchlorate, sodium benzoate, and                          
                      mixtures thereof.                                                                       

                      The Examiner has relied on the following prior art reference as                         
                evidence of obviousness:                                                                      
                Pawlak                                US 4,128,443                           Dec. 5, 1978     






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