Ex Parte Murdock et al - Page 3




          Appeal No. 2002-2074                                                        
          Application No. 09/494,965                                                  


               (a) providing:                                                         
                    (i) a tubular member for directing the projectile out             
          from an open end of the tubular member;                                     
               (ii) a projectile carrier having a cross-sectional size                
          substantially equal to that of the tubular member;                          
               (iii) a projectile having a cross-sectional size less                  
          than that of the tubular member; and                                        
          (iv) a charge of compressed fluid;                                          
               (b) loading the projectile into the tubular member so that             
          the projectile is adjacent to the projectile carrier                        
               (c) positioning the projectile carrier in a firing position            
          within the tubular member; and                                              
               (d) rapidly releasing the charge of compressed fluid into              
          the tubular member so that the compressed fluid acts on the                 
          projectile carrier and accelerates the projectile carrier and the           
          projectile through the tubular member, said projectile being thus           
          propelled from the tubular member along the trajectory.                     

                                   THE PRIOR ART                                      
               The references relied on by the examiner to support the                
          rejections remaining on appeal are:                                         
          Garrett                  2,499,379                Mar.  7, 1950             
          Sweeney et al. (Sweeney)  3,791,303               Feb. 12, 1974             
          Wood                     5,337,726                Aug. 16, 1994             
          O’Brien             6,202,636                     Mar. 20, 2001             

                                   THE REJECTIONS                                     
               Claims 54 and 55 stand rejected under 35 U.S.C. § 102(b) as            
          being anticipated by Sweeney.                                               

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