Ex parte LEE et al. - Page 6




          Appeal No. 1998-1296                                                        
          Application 08/199,304                                                      


          the Christianson ignitor.  We do not agree.                                 
               General Dynamics is a report on investigation into “the                
          microwave resonant absorption of ten energetic compounds” over              
          a particular frequency range (Executive Summary).  The                      
          objective of the tests was to determine if significant                      
          resonant absorption occurred in the selected materials, and                 
          whether the radiation could be used to detonate the compounds               
          (page 1).  No detonation, deflagration or decomposition of any              
          of the samples was observed (page 21), so it is clear that the              
          means utilized did not constitute an apparatus or method for                
          the initiation of a propellant.  More important to our                      
          analysis of the obviousness of the subject matter recited in                
          the appellants’ claims, however, is                                         


          that even giving the text of this reference its most                        
          charitable interpretation, it is clear to us that it does not               
          teach utilizing a resonant cavity at all, much less a resonant              
          cavity positioned within the combustion chamber.                            
               The mere fact that the prior art structure could be                    
          modified does not make such a modification obvious unless the               


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