Ex Parte GETHINGS et al - Page 6



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

                    Kellner discloses a tandem charge warhead to be used against                                                                                          
                    fortified or armored targets which, in particular, can be used to                                                                                     
                    damage runways, roadway pavements, bunker walls, or the like                                                                                          
                    (col. 1, lines 7-16).  Kellner's warhead includes a hollow charge                                                                                     
                    (2) provided in the front and a follow-up projectile (3)                                                                                              
                    constructed as an explosive projectile or a solid projectile                                                                                          
                    (col. 2, lines 54-57).  The objective in Kellner is to provide a                                                                                      
                    time sequence for the ignition of the forward hollow charge (2)                                                                                       
                    and the propellant charge (5) of the follow-up projectile so that                                                                                     
                    it is guaranteed that the desired target direction of the follow-                                                                                     
                    up projectile with respect to the bored/broken hole in the target                                                                                     
                    wall formed by detonation of the hollow charge is maintained.  To                                                                                     
                    that end, the patentee mandates that the propellant charge of the                                                                                     
                    follow-up projectile be ignited first and that the forward hollow                                                                                     
                    charge be initiated only after the follow-up projectile has been                                                                                      
                    put in motion.                                                                                                                                        

                    Appellants argue that both Davis and Kellner are related to                                                                                           
                    relatively small caliber projectiles used for armor piercing and                                                                                      
                    ground penetration, and that these patents do not address                                                                                             
                    penetrator bombs of the type dealt with by appellants, wherein a                                                                                      
                    "general purpose bomb," like that defined on page 3 of                                                                                                
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