Appeal 2007-1254
Application 10/352,542
AFFIRM the sole ground of rejection in this appeal essentially for the
reasons stated in the Answer, as well as those reasons set forth below.
OPINION
We determine the following factual findings from the record in this
appeal:
(1) Pawlak discloses gas-forming deflagrating compositions
comprising approximately 30-82.5 parts by weight of an oxygen-
containing oxidizing agent such as inorganic nitrates, inorganic
perchlorates, inorganic chlorates, or inorganic permanganates,
approximately 14.5-45 parts by weight of an organic carboxylic
acid or oxidizable derivative, and approximately 1.0 to 25.0 parts
by weight of water (col. 1, ll. 5-8; col. 2, l. 30-col. 3, l. 21; Answer
4);
(2) Pawlak teaches that “[w]e have found that a wide range of
derivatives are useful for the purpose of our invention; for
example, ammonium and metallic salts of said carboxylic acids,
amides, esters…” (col. 3, l. 66-col. 4, l. 4);
(3) Pawlak teaches that “[p]articularly preferred salts of said
carboxylic acids are the ammonium and alkali metallic salts of
aromatic carboxylic acids as above defined,” specifically listing
ammonium m-nitrobenzoate as a useful fuel for the deflagrating
compositions of the invention (col. 4, ll. 10-18); and
(4) Pawlak teaches one embodiment where the above-described
compositions are mixed with the normal ingredients and
proportions of black powder (i.e., containing 10 parts of sulfur)
4
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