Ex parte HUTCHENS et al. - Page 2




                     Appeal No. 1996-3292                                                                                                                                              
                     Application 07/991,467                                                                                                                                            


                                On December 11, 1997, a panel of this Board  remanded the application to the examiner who,3                                                                                     

                     pursuant thereto, issued an amended answer on April 22, 1998 (Paper No. 27).  Appellants having                                                                   

                     thereafter filed a reply brief on June 19, 1998 (Paper No. 28), the case is before us for decision on the                                                         

                     merits.                                                                                                                                                           

                                The claims on appeal are drawn to a rocket motor liner composition, and are reproduced in the                                                          

                     appendix to appellants' brief.                                                                                                                                    

                                The references currently applied in rejecting the appealed claims are:                                                                                 

                     Marion et al. (Marion)                                3,714,047                       Jan. 30, 1973                                                               
                     Daume                                                 4,021,514                       May  3, 1977                                                                
                     Graham et al. (Graham)                                           4,803,019                       Feb.  7, 1989                                                    
                     Herring                                                          4,878,431                       Nov. 7, 1989                                                     


                                Claims 1, 5, 7, 8 and 20 stand rejected on the following grounds:                                                                                      

                     (1) For failure to comply with 35  U.S.C. § 112, first and second paragraphs;                                                                                     

                     (2) As unpatentable over Daume in view of Marion, Graham and Herring.4                                                                                            





                                3Panel consisting of Administrative Patent Judges (APJs) Calvert, McQuade and                                                                          
                     Weiffenbach.  APJ Garris has been substituted for APJ Weiffenbach, who has retired.                                                                               
                                4In the final rejection, the basis of this rejection was Marion in view of Graham, Willer et al.                                                       
                     (Pat. No. 5,071,495), Ducote (Pat. No. 4,913,753), Herring and Daume.  It was recast into its present                                                             
                     form in the examiner's answer.                                                                                                                                    
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