Ex parte A'COSTA - Page 6




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



          suppressor and a shotgun barrel to which the device is threadedly           
          engaged.  Claim 1 also recites slots (24) in the opposite end of            
          the breaching device which define a pair of longitudinally                  
          extending diametrically opposed furcations (20, 22).                        


                    Independent claim 5 differs from claim 1 in that it               
          defines a firearm comprising a smooth bore barrel having a                  


          threaded portion at the muzzle end thereof and a tactical                   
          breaching device mounted on the threaded portion of the barrel.             
          The details of the tactical breaching device of claim 5 are                 
          defined in the same manner as that set forth in claim 1.  It is             
          apparent that claim 5 is broader than claim 1, in that claim 5              
          does not expressly limit the smooth bore barrel therein to being            
          that of a shotgun.                                                          


                    The Cox patent, applied by the examiner, is directed to           
          an explosively actuated, underwater riveting and punching                   
          apparatus for driving a projectile, such as the bolt (8) seen in            
          Figure 1 and 2, into or through a resistant body.  As generally             
          indicated by the examiner, this apparatus includes a smooth bore            
          barrel (1) and a cylindrical body or muzzle cap (e.g., 22 or 30)            
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