Appeal No. 2004-2121
Application No. 08/160,835
find nothing therein which overcomes or provides for the
deficiencies we have identified above with regard to the basic
patents to Davis and Kellner. Accordingly, the examiner's
rejections of dependent claims 6 through 10 will likewise not be
sustained.
It follows from the foregoing that the decision of the
examiner rejecting claims 1 through 10 of the present application
is reversed.
In addition, this application is being remanded to the
examiner under the authority provided by 37 CFR § 41.50(a)(1) to
have the examiner determine whether a rejection of any of the
appealed claims would be appropriate based on British Patent
Specification 1,605,340 to Manfred Held (published January 2,
1992) and cited by appellants in an Information Disclosure
statement filed January 18, 1995 (Paper No. 8). Unlike the Davis
and Kellner patents relied upon by the examiner above, Held
discloses a penetrator bomb having two explosive charges
positioned in axial succession with an intermediate gap
therebetween, wherein the front explosive charge (5), which is
arranged to detonate first, is a lined hollow charge and the rear
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