Appeal No. 96-2652
Application No. 08/329,755
establishing a plasma with sufficient energy to accelerate the
projectile 16 in the barrel (Fig. 1; Col. 6, lines 8-23). The
plasma flows via a flow path from the discharge device to the
projectile to accelerate the projectile.
Hunting discloses a cartridge shell for breech-loading
firearms. The cartridge includes a head B. A rubber disk C is
placed on the inner side of head B and is held by a plate D to
prevent powder from blowing out at the breech.
The examiner states:
At the time the invention was made, Mortensen
disclosed or described an apparatus as claimed with
the difference that the subject matter of the
confining structure was not set forth. However, at
that time, Hunting taught such confining structures,
rubber disk C held by plate D, and the advantages
thereof, right column lines 1-2 and 13-14. From
such teachings, it would have been obvious to a
person having ordinary skill in this art that
Mortensen may be provided with such a confining
structure for the purpose of securing the advantages
of Hunting. Accordingly, the claimed subject matter
as a whole is rejected as obvious. [Examiner's
Answer at page 3].
We reverse. We are at a loss to understand the
examiner's reasoning. First, Hunting teaches that the rubber
disk C prevents powder from blowing out at the breech. The
injection device in Mortensen does not include powder nor has
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