Ex Parte Vanmoor - Page 6




             Appeal No. 2006-0112                                                                Παγε 6                                       
             Application No. 10/194,739                                                                                                       


                    We turn next to the examiner’s rejection of claim 9 under 35 U.S.C. § 103 as                                              
             being unpatentable over Jones in view of McClain.                                                                                
                    The examiner relies on McClain for describing a projectile in which the smaller                                           
             diameter of the tip segment is approximately half of the diameter of the cylindrical body                                        
             segment.   Claim 9 is dependent on claim 1 and therefore includes the subject matter a                                           
             tip segment that is defined by the function y= s tan x. We have examined the disclosure                                          
             of McClain and determined that McClain does not cure the deficiencies noted above for                                            
             the Jones reference.  Therefore, we will not sustain this rejection.                                                             
                    We turn next to the examiner’s rejection of claim 10 under 35 U.S.C. § 103 as                                             
             being unpatentable over Jones in view of Kennedy.                                                                                
                    Kennedy is relied on for teaching a tail segment having a material composition                                            
             with a specific weight less than a specific weight of the tip segments.    Claim 10 is                                           
             dependent on claim 1 and therefore includes the subject matter that the tip segment is                                           
             defined by the function y= s tan x.  We have examined the disclosure of Kennedy and                                              
             determined that Kennedy does not cure the deficiencies noted above for the Jones                                                 
             reference.   Therefore, we will not sustain this rejection.                                                                      
























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