Ex Parte Murdock et al - Page 8




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

          II. The 35 U.S.C. § 103(a) rejection of claims 1, 54, 62 and 63             
          as being unpatentable over Garrett in view of Wood                          
               Garrett discloses a grenade launcher comprising a pressure             
          cylinder 3, a grenade barrel 5 coaxial with the pressure                    
          cylinder, a piston 9 in the pressure cylinder, a projector plate            
          10 in the grenade barrel, a piston rod 8 connecting the piston              
          and projector plate, a cartridge 18, and a firing mechanism (see            
          Figure 4) for exploding the cartridge.  The expanding gases                 
          generated by the explosion flow into the pressure cylinder and              
          act on the piston, piston rod and projector plate to discharge a            
          grenade loaded in the grenade barrel.                                       
               As conceded by the examiner (see pages 6 and 7 in the                  
          answer), Garrett does not respond to the limitations in                     
          independent device claims 1 and 62 requiring a chamber, in which            
          a charge of a compressed fluid is developed, selectively coupled            
          in fluid communication with the inner space of the barrel so that           
          the charge of compressed fluid is selectively released into the             
          inner space of the barrel, or the corresponding limitations in              
          independent method claims 54 and 63 requiring the steps of                  
          providing a charge of compressed fluid and rapidly releasing the            
          charge into the tubular member.  To overcome this deficiency, the           
          examiner turns to Wood.                                                     


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