Ex parte A'COSTA - Page 5




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



          applied references, and the respective viewpoints of appellant              
          and the examiner.  As a consequence of our review, we have made             
          the determinations which follow.  In accordance with appellant's            
          "GROUPING OF THE CLAIMS" (brief, page 3), we need only comment              
          on independent claims 1, 5 and 8.  Dependent claims 2, 3, 6                 



          and 7 will stand or fall with their respective independent                  
          claims.                                                                     


                    Turning first to the examiner's rejection of claims 1,            
          2, 5 and 6 as being anticipated by Cox, we note that claim 1 on             
          appeal is directed, inter alia, to a combined tactical breaching            
          device and flash suppressor comprising a cylindrical body portion           
          (e.g., 12) having a longitudinal central smoothbore (18), with              
          said body portion recited as being threaded at one end thereof              
          and also as "threadedly engaging the muzzle of a shotgun barrel."           
          Claim 1 goes on to recite "said barrel having a threaded portion            
          in threaded engagement with said one end of said breaching                  
          device" (emphasis added).  These positive recitations in the body           
          of the claim make it clear to us that appellant's claim 1 on                
          appeal is directed to a combination of the breaching device/flash           
                                          5                                           





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