Appeal No. 2001-1372 Page 8
Application No. 08/018,841
unpatentable over Davis. It should be understood, however, that our decision in this
regard is based solely on the indefiniteness of the claimed subject matter, and does not
reflect on the adequacy of the prior art evidence applied in support of the rejection.
Turning now to the examiner’s rejections of claims 15-19 as being anticipated by
or unpatentable over Davis, independent claim 15 reads as follows:
15. A method of propelling a high velocity, high accuracy
projectile toward a target, comprising:
inserting a projectile made of a shape memory alloy
material into the [breech] of a rifled bore of a gun barrel, said
projectile having an initial yield strength of less than 20 KSI
which increases to an ultimate yield strength of greater than
200 KSI when subjected to about 2% cold-work;
generating a high pressure gas volume in said
[breech] behind said projectile;
propelling said projectile axially along said rifled bore;
forming helical grooves in said projectile by
interference of said projectile and said rifling in said bore;
and
spinning said projectile by interaction of said high
pressure gas volume in said bore behind said projectile and
said rifling in said grooves in said projectile.
Davis discloses a projectile made of a shape memory alloy, such as 55 Nitinol, or
including a shape memory alloy deforming means, which undergoes an instantaneous
change in shape upon impact with a target. As explained by Davis (column 6, lines 44-
52), the shape memory alloy has a martensitic state and an austenitic state and the
projectile or deforming means is deformed while the alloy is in its martensitic state into
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