Appeal 2007-2195
Application 10/172,166
generating composition that is used in automobile restraint systems
comprising the presently claimed non-azide nitrogen-containing gas
generating fuel, a metal ammine nitrate oxidizer, silicon dioxide, and up to
25% of ammonium nitrate. As acknowledged by the Examiner, Taylor does
not expressly disclose a composition comprising Appellants’ potassium
perchlorate additive. However, the Examiner correctly points out that
Taylor expressly teaches that it was known in the art that ammonium nitrate-
containing compositions are enhanced by the inclusion of potassium
perchlorate. Accordingly, inasmuch as Appellants’ composition may
comprise ammonium nitrate (claim 31 recites as much as 50% ammonium
nitrate), we are convinced that it would have been obvious for one of
ordinary skill in the art to formulate Appellants’ composition comprising
potassium perchlorate. Also, contrary to Appellants’ principal argument,
since Taylor’s composition may comprise as much as 35 weight percent
ammonium nitrate (col. 3, ll. 9-10), we fully concur with the Examiner that it
would have been obvious for one of ordinary skill in the art to incorporate
potassium perchlorate in the composition of Taylor.
Appellants maintain that Taylor provides no teaching or suggestion
for including potassium perchlorate in compositions that do not include
ammonium nitrate as set forth in Appellants’ claims 1, 11, and 17.
However, as noted above, Taylor teaches compositions comprising as much
as 35 weight percent ammonium nitrate which would have motivated one of
ordinary skill in the art to include potassium perchlorate. Furthermore, the
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