Ex Parte FISCHER et al - Page 5




                 Appeal No. 2002-0342                                                                                   Page 5                     
                 Application No. 09/295,399                                                                                                        


                 band functioning as a lubricant (page 3, line 9 et seq.).  However, the appellants allege                                         
                 that this type of combination guide band nevertheless frequently damaged the barrel                                               
                 because of the relatively long length of the soft iron portion (page 4, lines 1-3).                                               
                         The British specification discloses a projectile having band elements which in the                                        
                 embodiment of Figure 2 comprise “a plurality of rings c c1 of porous metal impregnated                                            
                 with lubricant alternating with a plurality of rings a a1 a2 of copper, the former projecting                                     
                 slightly beyond the latter so as to provide one or more salient anti-friction surfaces”                                           
                 (page 3, lines 39-44, emphasis added).  The purpose of the copper rings is to retain the                                          
                 porous metal rings in place (page 3, lines 48-50) and to cushion them against                                                     
                 “excessive shocks” (page 1, lines 54-55).  They are not described as contacting the                                               
                 barrel and, considering the definition of “guide band” set forth by the appellants in their                                       
                 specification and the description of the invention disclosed in the British reference, it is                                      
                 our view that one of ordinary skill in the art would recognize that the copper bands  are                                         
                 not “partial guide bands” as recited in the appellants’ claims in that they do not impart                                         
                 torque to the projectile from the barrel rifling.                                                                                 




                         Since the copper bands do not qualify as “partial guide bands,” the British                                               
                 reference fails to disclose or teach the claimed “first partial guide bands made of a                                             
                 material selected from the group consisting of copper and a copper alloy” alternating                                             








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