Ex Parte Stratum - Page 6




             Appeal No. 2005-1329                                                               6              
             Application No. 10/187,038                                                                        


             the examiner in Bullard is a thin-walled device designed to rupture shortly after the             
             ignition of the propellant within the case (1) and therefore does, at least broadly,              
             constitute a “burst cup.”                                                                         


                   Based on the foregoing, we will sustain the examiner’s rejection of claim 1 under           
             35 U.S.C. § 103(a).  In accordance with appellant’s grouping of claims set forth on page          
             5 of the brief, dependent claims 2 through 4 will fall with parent claim 1.                       


                   Thus, the decision of the examiner rejecting claims 1 through 4 of the present              
             application under 35 U.S.C. § 103(a) is affirmed.                                                 


                                                                                                              






















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