Ex Parte Sovine - Page 11


          Appeal No. 2004-0100                                                        
          Application No. 09/650,843                                                  

               With respect to claim 25, claim 25 depends upon claim 20               
          and recites that the method further comprises forming a                     
          plurality of vents in the bullet deceleration chamber.  On page             
          4 of the Office action of Paper No. 7, the examiner’s position              
          is that Duer’s mesh structure functions as vents.  We agree.  We            
          therefore affirm the rejection of claim 25.                                 

          VII. Conclusion                                                             
               We affirm the rejection of claims 1, 5, 10, 20, 21, and 22             
          under 35 U.S.C. § 102(b) as being anticipated by Duer.  We                  
          reverse the rejection of claims 7, 14, 15, 17, and 18.                      
               We reverse the rejection of claims 1, 2, 6, 10, 12, and 13             
          under 35 U.S.C. § 102(b) as being anticipated by Fumero.                    
          However, we affirm claims 14, 15, 17, 18, and 19 under 35 U.S.C.            
          § 102(b) as being anticipated by Fumero.                                    
               We affirm the 35 U.S.C. § 103 rejection of claim 11 as                 
          being obvious over Duer.                                                    
               We reverse the rejection of claim 11 under 35 U.S.C. § 103             
          as being obvious over Fumero.  However, we affirm the rejection             
          of claim 16 in this rejection.                                              
               We reverse the rejection claims 8 and 9 under 35 U.S.C.                
          § 103 as being obvious over Tabler.                                         
               We reverse the rejection claims 23 and 24 under 35 U.S.C.              
          § 103 as being obvious Duer in view of Fumero.  However, we                 
          affirm the rejection of claim 25 under 35 U.S.C. § 103 as being             
          obvious of Duer in view of Fumero.                                          








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