Ex parte GOLDSTEIN et al. - Page 3




          Appeal No. 96-2652                                                          
          Application No. 08/329,755                                                  


          Mortensen                5,444,208                Aug. 22, 1995             
                                                  (filed March 29, 1993)              




                                    THE REJECTION                                     
               Claims 28, 31, 35, 38 and 40-42 stand rejected under 35                
          U.S.C. § 103 as being unpatentable over Mortensen in view of                
          Hunting.                                                                    
               Rather than reiterate the respective positions of the                  
          examiner and the appellants in support of their respective                  
          positions, reference is made to the examiner's answer (Paper                
          No. 18) and the appellants' brief (Paper No. 16) and reply                  
          brief (Paper No. 19) for the full exposition thereof.                       
               We have carefully reviewed the appellants' invention as                
          described in the specification, the appealed claims, the prior              
          art applied by the examiner, and the respective positions                   
          advanced by the appellants and the examiner.  As a consequence              
          of this review, we make the determinations which follow.                    
               We find that Mortensen discloses an apparatus for                      
          accelerating a projectile 16 in a barrel which includes an                  
          electric discharge device with an electrode 34 for                          

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