Ex Parte Venegas - Page 2

            Appeal 2007-1219                                                                                 
            Application 10/798,635                                                                           

                   The claimed invention is directed to an energy absorbing barrier system for               
            absorbing the force of an explosive blast. The system is comprised of vertical and               
            horizontal metal pipes and an energy absorbing spanning material spanning the                    
            opening formed by the pipes.                                                                     
                   Claim 1, as it appears appended to the brief, has not been entered. Claim 1,              
            as finally rejected, reads as follows:                                                           
                   1. An energy-absorbing barrier system, comprising:                                        
                   a plurality of spaced-apart vertical metal pipes, each buried below a ground              
            surface, leaving a portion exposed above ground;                                                 
                   two or more spaced-apart horizontal metal pipes interconnected to the                     
            vertical metal pipes creating at least one infill area;                                          
            a material spanning the infill area which is operative to absorb at least a                      
            portion of the impact of an explosive blast;                                                     
            a material spanning the infill area fastened to the horizontal or vertical pipes                 
            with mounts that break away upon a predetermined force; and                                      
            a material spanning the infill area is tethered to one or more or the horizontal                 
            or vertical pipes to keep the material from uncontrolled travel upon impact.                     

                   The evidence of record relied upon by the Examiner as evidence of                         
            anticipation and obviousness is:                                                                 
                    Norton                   US 4,787,603               Nov. 29, 1988                        
                    Venegas, Jr.             US 2003/0178614 A1         Sep. 25, 2003                        

                   Claims 1-3 stand rejected under 35 U.S.C. § 102 as anticipated by Norton.                 
                   Claim 4 stands rejected under 35 U.S.C. § 103 as unpatentable over Norton                 
            in view of Venegas.                                                                              






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