Ex parte A'COSTA - Page 2




          Appeal No. 96-3021                                                          
          Application 08/104,452                                                      




                                 DECISION ON APPEAL                                   
                    This is a decision on appeal from the examiner’s final            
          rejection of claims 1 through 3 and 5 through 8.  Claim 4 has               
          been canceled.                                                              


                    Appellant’s invention relates to a combined tactical              
          breaching device and flash suppressor which is threadedly engaged           
          with the muzzle of a firearm, such as a shotgun, and to a method            
          of then using the shotgun to breach a barrier, such as a locked             
          door, by employing frangible ammunition in the shotgun.                     
          Independent claims 1, 5 and 8 are representative of the subject             
          matter on appeal and a copy of those claims, as they appear in              
          the Appendix to appellant’s brief, is attached to this decision.            


                    The prior art references of record relied upon by the             
          examiner in rejecting the appealed claims are:                              
          Cox                              2,166,041       July 11, 1939              
          Sargeant et al. (Sargeant)       3,226,871       Jan.  4, 1966              
          Hawley et al. (Hawley)           4,664,014       May  12, 1987              
          Majors                           5,196,647       Mar. 23, 1993              
          Hoie                                 6,820       Apr. 29, 1898              



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