Appeal No. 2004-2121
Application No. 08/160,835
lines 35-49), would have made it obvious to one of ordinary skill
in the art at the time of appellants' invention to utilize a
general purpose bomb/shell (6) having a weight of not less than
300 pounds in the penetrator bomb of Held. If the examiner
should determine that a rejection of independent claim 1 is
appropriate, then the examiner should also consider rejections of
dependent claims 2 through 10 relying on prior art references
such as Chaumeau, Muller, Kintish and Brauer.
REVERSED and REMANDED
CHARLES E. FRANKFORT )
Administrative Patent Judge )
)
)
)
) BOARD OF PATENT
LAWRENCE J. STAAB ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
)
)
)
JOHN P. MCQUADE )
Administrative Patent Judge )
CEF/lbg
1010
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