Appeal 2007-1942
Application 10/368,975
We have jurisdiction under 35 U.S.C. § 6(b).
The application was filed on 9 February 2003. According to the
applicants, the application is assigned to MJD Innovations, L.L.C. (Appeal
Br. at 2).
The following U.S. patents are relied upon by the Examiner:
Sacks 4,413,357 Nov. 8, 1983
Huerta 5,092,246 March 3, 1992
The following grounds of rejection are appealed:1
Claims 1 and 6 are rejected under 35 U.S.C. §102(b) as being
anticipated by Sacks.
Claims 1, 5, and 6 are rejected under 35 U.S.C. §103(a) as being
unpatentable over Sacks as applied to claims 1 and 6 and further in view of
Huerta.
In this decision, we refer to the Applicants Dennis et al. as “Dennis”.
II. Findings of Fact
The record supports the following findings of fact as well as any other
findings of fact set forth in this decision by a preponderance of the
evidence.
1. Claims 12 and 5 read as follows
A plural-layer, anti-projectile, flexible and pliable barrier fabric
for defeating the designed splaying capability of a hollow-point bullet,
1 We note that a second substitute Appeal Brief was filed on 30 August 2006
and a Reply Brief was filed on 14 December 2006. We did not consider any
other briefs filed by Applicants.
2 Claim 1 is representative of claims 1 and 6.
2
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