Ex parte FREGIEN et al. - Page 2




          Appeal No. 97-1646                                                          
          Application 08/080,890                                                      


               8.   An apparatus for reducing the size of block propellant            
          material comprising a means for remotely positioning a block of             
          propellant between a cutting means and a means for remotely                 
          causing the cutting means to pass through the block of propellant           
          thereby creating two or more smaller blocks of propellant.                  


               10. A method of reducing block propellant comprising:                  
               placing a propellant block between a cutting means and a               
          retaining means, and                                                        
               remotely causing the block propellant to contact the cutting           
          means and forcing the cutting means to pass through said block              
          propellant.                                                                 


               The references applied by the examiner in rejecting the                
          claims are:                                                                 
          Lamb                     3,217,768                Nov. 16, 1965             
          Costarelli               4,483,226                Nov. 20, 1984             
          Kühnert et al.           5,386,318                Jan. 31, 1995             
          (Kühnert)                               (filed May 12, 1993)                


               An additional reference, of record, applied in rejections              
          herein pursuant to 37 CFR § 1.196(b), is:                                   
          Nix                      4,020,723                May  3, 1977              
               The claims on appeal stand rejected as follows:                        
          (1) Claims 1 to 6, 8 to 11 and 13, unpatentable for failing to              
          comply with 35 U.S.C. § 112, second paragraph;                              



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