Ex Parte GETHINGS et al - Page 2



                    Appeal No. 2004-2121                                                                                                                                  
                    Application No. 08/160,835                                                                                                                            

                    energy, the munition of appellants' invention comprises in                                                                                            
                    combination, a "general purpose bomb" (1) having a weight of not                                                                                      
                    less than 300 pounds and a penetrator warhead (2) mounted in                                                                                          
                    front of the general purpose bomb and comprising a forwardly-                                                                                         
                    directed shaped charge with a caliber of at least 90% of the                                                                                          
                    caliber of the general purpose bomb.  A copy of representative                                                                                        
                    claim 1, as found in Appendix A of appellants' brief, is attached                                                                                     
                    to this decision.                                                                                                                                     

                    The prior art references of record relied upon by the                                                                                                 
                    examiner in rejecting the appealed claims are:                                                                                                        
                    Muller                                           3,732,816                                         May  15, 1973                                      
                    Kintish et al.                                   3,750,582                                         Aug.  7, 1973                                      
                    (Kintish)                                                                                                                                             
                    Davis                                            4,063,512                                         Dec. 20, 1977                                      
                    Chaumeau et al.                                  4,714,022                                         Dec. 22, 1987                                      
                    (Chaumeau)                                                                                                                                            
                    Kellner                                          4,967,666                                         Nov.  6, 1990                                      
                    Brauer et al.                                    5,098,487                                         Mar. 24, 1992                                      
                    (Brauer)                                                                                                                                              

                    Claims 1 through 5 stand rejected under 35 U.S.C. § 103(a)                                                                                            
                    as being unpatentable over Davis or Kellner.                                                                                                          




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