Appeal No. 2005-2724
Application No. 10/236,005
Appellants argue, “the Examiner is using impermissible hindsight in
combining the Hershey reference with the knowledge of an ordinarily skilled
artisan in the art at the time of the invention. Thus, their combination to defeat
the patentability of the claims is improper. That is, there is no motivation to
combine the device (munition) of Hershey with any specific understanding or
technological principle within the knowledge of one of ordinary skill in the art
regarding the integration of the power supply in or on the structure (casing) of
the device (munition).” (Brief, p. 6).
We do not agree with the Appellants’ argument. Hershey discloses a
cartridge comprises a power supply and a transmitter. The power supply
component is in the structure of the device and attached indirectly thereto. The
device (munitions cartridge) of Hershey functions to emit electromagnetic
signals after discharge from the cartridge-propelling device. (Col. 1, ll. 31-43).
A person of ordinary skill in the art would have recognized that the cartridge of
Hershey must have been designed such that the components required to
transmit signals would not have been expelled from the discharged cartridge.
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