Appeal No. 2005-1329 4
Application No. 10/187,038
In rejecting claim 1 under 35 U.S.C. § 103(a), the examiner has determined
(answer, pages 4-5) that Bullard discloses a cartridge for controlled delivery of a
propellant fluid comprising: a case (1) having a closed lower end (6), an open upper end
(Fig. III), and a continuous vertical side wall thereby defining a hollow interior; a
propellant (fulminate) contained within the hollow interior of the case; a hemispherical
burst cup (2-4) having an open lower end (Fig. IV) and a closed upper end (at 4)
thereby defining a hollow interior, and being placed within the open upper end of the
case (1) as seen in Figure II; and ignition means to ignite the propellant, thereby
creating pressurized propellant gases within the case and bursting the burst cup to
release the gases without ejecting the burst cup from the case. What the examiner
finds lacking in Bullard is any teaching or suggestion of a roll crimp formed in the side
wall of the case (1) proximate the upper end so as to lap over the burst cup and capture
and retain the burst cup in the case. To account for this difference the examiner looks
to Hotchkiss, pointing to the roll crimp (D2) of the primer cartridge seen in Figure 11,
which roll crimp laps over the inner member (B) and secures that member in the case
(D). From the combined teachings, the examiner concludes that it would have been
obvious to one of ordinary skill in the art at the time of appellant’s invention to add a roll
crimp similar to that in Hotchkiss to the primer cartridge of Bullard so as to securely hold
the burst cup (2-4) in place within the case (1).
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