Appeal No. 2006-0112 Παγε 4
Application No. 10/194,739
1026 (1984), it is only necessary for the claims to "'read on' something disclosed in the
reference, i.e., all limitations of the claim are found in the reference, or 'fully met' by it."
The examiner is of the opinion that Jones describes the invention as claimed. In
regard to the recitation in claim 1 that the tip section is defined by the function y= s tan
x, where x and y are Cartesian coordinates and y extends parallel to the center axis of
the cylindrical body etc., the examiner states:
. . .As seen in page 1, lines 23-40 of the Jones reference, the radii of the
curves- at b and c, can be modified to other values than the one shown in
the drawing figure and more specifically with the radius of curve b being
1.7" and the radius of curve c being 1.6". These values for the radii of the
convex and concave curves are nearly identical and as seen in applicant’s
claims 1 and 11, the invention as claimed states that the shape of the tip
of the projectile follows the function y=s tan x from substantially pi/2 to -
pi/2 and the term “substantially” implies that a slight deviation from the
exact shape of the curve y=stan x is claimed and therefore it is the
examiner’s contention that the curves only being 0.1" apart in the values of
their corresponding radii makes the shape of the tip of the projectile of the
Jones reference follow the function y=s tan x with values of x varying
between substantially pi/2 to -pi/2 [answer at page 8].
The appellant argues:
. . . the tangent function is point-symmetric about the origin and that the
curve in quadrant I, if mirrored about the x-axis and the y-axis comes to lie
on the curve in quadrant III. Even more importantly with regard to Jones,
if we were to draw any number of normals on the curve, they would
spread outwardly, and they would not intersect at a common focus point.
The normals of circular arcs, on the other hand, all intersect at a common
focal point.[brief at pages 10 to 11]
Jones very clearly shows two circular arcs defining his convex and
concave curve segments (reply brief at page 2).
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Last modified: November 3, 2007