Ex Parte GETHINGS et al - Page 5



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

                              It would have been obvious to one skilled in the art at                                                                                     
                              the time the invention was made to employ a general                                                                                         
                              purpose bomb having a weight not less than 300 pounds                                                                                       
                              in either the Davis munition or the Kellner et al                                                                                           
                              munition and to vary the caliber of the penetrator                                                                                          
                              warheads and the masses of the penetrator warheads and                                                                                      
                              the munitions in the Davis munition and the Kellner et                                                                                      
                              al munition to achieve an optimum result, see In re                                                                                         
                              Aller, 105 USPQ 233 (CCPA 1955) see In re Aller, 105                                                                                        
                              USPQ 233 (CCPA 1955) and In re Reese, 129 USPQ 402                                                                                          
                              (CCPA 1961).                                                                                                                                
                    Davis discloses an armor penetrating, tandem charge                                                                                                   
                    projectile for penetrating a fairly thick armored vessel, wherein                                                                                     
                    the projectile includes a hardened penetrator body (8) containing                                                                                     
                    a heavy charge of explosive material and a shaped charge                                                                                              
                    explosive head (13) mounted forwardly of the hardened penetrator                                                                                      
                    body.  As noted in column 1 of that patent, the objective therein                                                                                     
                    is to                                                                                                                                                 
                              provide an improved method and structure by which an                                                                                        
                              internal blasting charge is caused to be driven in its                                                                                      
                              entirety through fairly heavy armor to obtain the                                                                                           
                              maximum blasting effects within the area projected by                                                                                       
                              the armor.  This object is attained in brief by                                                                                             
                              producing, not only an opening in the armor at the area                                                                                     
                              of impact but also spaced cuts or gashes radiating from                                                                                     
                              the opening which weaken the metal for a considerable                                                                                       
                              distance away from the opening as will allow the metal                                                                                      
                              segments between the cuts to be bent inwardly when                                                                                          
                              forced by the pressure of the main portion of the                                                                                           
                              projectile.  Thus, the initial opening is caused to be                                                                                      
                              greatly enlarged, sufficient to allow the main casing                                                                                       
                              which carries the full internal blasting charge                                                                                             
                              completely to enter and pass through the armor.                                                                                             

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