Ex parte A'COSTA - Page 11




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



          discloses a flash suppressor (1) that is threadedly attached (at            
          3) to the muzzle end of a smooth bore barrel (2) of a firearm.              
          While Hawley indicates, and shows in Figures 9 through 14, that             
          there may be a plurality of slots in the flash suppressor, it               
          is expressly noted at column 2, line 61, that these slots need              
          only "total at least two."  Thus, appellant's argument in the               
          brief (page 5) that Hawley fails to teach a pair of opposed                 
          furcations formed by a pair of opposed slots is unpersuasive.               
          As for the assertion that Hawley does not disclose a shotgun as             
          claimed, we note again that independent claim 5 on appeal does              
          not set forth a shotgun or shotgun barrel, and that with regard             



          to claim 1, one of ordinary skill in the art would have                     
          understood from the definition of a "shotgun" in the Glossary of            
          Ordnance Terms that the smooth bore firearm disclosed in Hawley             
          encompasses a shotgun.  In this regard, we note that our                    
          reviewing Court has indicated that a reference anticipates a                
          claim if it discloses the claimed invention such that a skilled             
          artisan could take its teachings in combination with his own                
          knowledge of the particular art and be in possession of the                 
          invention.  See In re Graves, 69 F.3d 1147, 1152, 36 USPQ2d 1697,           
                                          11                                          





Page:  Previous  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  Next 

Last modified: November 3, 2007