Ex parte JEHLE - Page 11




          Appeal No. 95-2533                                                          
          Application No. 08/018,125                                                  


          flexible wall of the obturator disclosed therein (see substitute            
          brief, page 6).                                                             
               We are unpersuaded by the appellant’s contention.  The Swiss           
          patent discloses a wad or obturator wherein air is compressed               
          within a barrier means during the absorption of the shock of                
          recoil when a projectile is fired (see pages 1 and 3).  This wad            
          or obturator is described as being formed of                                
               two pieces (1 and 2), each in the shape of a hollow                    
               cylinder provided with a single bottom, fitting one                    
               inside the other.  The exterior wall of the exterior                   
               piece (1) is cylindrical and has ring-shaped sealing                   
               flanges (3), whereas its interior wall is slightly                     
               truncated, and flared towards its opening.  The                        
               exterior wall of the interior piece (2) has the same                   
               conicity that the interior wall of the piece (1) has                   
               and the dimensions of the two pieces are such that when                
               they are set inside one another, the bottom of the                     
               interior piece is flush with the bottom of the exterior                
               piece and the edge of the interior piece is at a                       
               certain distance from the bottom of the exterior piece                 
               (figure 2). [See the paragraph bridging pages 2 and 3                  
               of the translation.]                                                   
               After noting that the two pieces are made of a material                
          having flexibility and elasticity, the Swiss patent does                    
          thereafter state that the exterior piece becomes distended by the           
          interaction between the tapering surfaces during firing of the              
          projectile in order to effect a seal between the wad or obturator           
          and the barrel of a gun.  However, it is further stated in the              
          Swiss patent that “a cushion of air is trapped between the two              

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