Ex parte BRUNN - Page 7




              Appeal No. 2000-2016                                                                    Page 7                 
              Application No. 09/209,837                                                                                     


              provide a reason why one of ordinary skill in the art would have been led to modify a prior                    
              art reference or to combine reference teachings to arrive at the claimed invention.  See Ex                    
              parte Clapp, 227 USPQ 972, 973 (Bd. Pat. App. & Int. 1985).  To this end, the requisite                        
              motivation must stem from some teaching, suggestion or inference in the prior art as a                         
              whole or from the knowledge generally available to one of ordinary skill in the art and not                    
              from the appellant's disclosure.  See, for example, Uniroyal, Inc. v. Rudkin-Wiley Corp., 837                  
              F.2d 1044, 1052, 5 USPQ2d 1434, 1439 (Fed. Cir.), cert. denied, 488 U.S. 825 (1988).                           
                      Cox discloses a grenade launcher (11) for attachment to the barrel of a firearm by                     
              means of an adapter (12).  The adapter comprises a cylindrical body having a central bore                      
              sized to fit over the barrel of the firearm and a plurality of radially oriented slots extending               
              along a substantial portion of its length.  The launcher has at its proximal end a slotted                     

              cylindrical casing that fits around the adapter, and a clamping  band (29) that acts to                        
              tighten down on both the adapter and the surrounding casing to cause the adapter to be                         
              clamped to the barrel.  The aiming sight on the barrel is received in one of the slots in the                  
              adapter.                                                                                                       
                      Soussloff has been described above with regard to the Section 102 rejection.  It is                    
              the examiner’s view that Cox discloses all of the structure recited in claim 1 except for the                  
              particular means for clamping the device onto the barrel of the firearm.  However, it is the                   
              examiner’s position that such is disclosed by Soussloff and it would have been obvious to                      









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