Ex parte BREED - Page 4




          Appeal No. 97-1544                                                          
          Application 08/358,976                                                      


          to the applied prior art references, and to the respective                  
          positions articulated by appellant and the examiner.  As a                  
          consequence of our review, we have made the determinations                  
          which follow.                                                               

          As a preliminary matter, we note appellant’s three                          
          groupings of the claims set forth on page 11 of the brief and               
          have selected the independent claim (i.e, claim 21, claim 23                
          and claim 28) of                                                            




          each respective grouping as being representative. Per                       
          appellant’s groupings, claims 1, 2, 5 through 7, 12, 13, 20                 
          and 22 will stand or fall with claim 21, while claims 24                    
          through 27 will stand or fall with claim 23.  Claim 28 will                 
          stand or fall alone.                                                        

          Turning first to the examiner's rejection of claim 23                       
          under 35 U.S.C. § 102(b) based on Matsui and using the                      
          language of appellant’s claim 23 as a guide, we note that                   
          Matsui discloses a tape switch crash sensor (col. 7, lines 50-              
          53, e.g., Figs. 15a, 15b) in combination with a vehicle (e.g.,              
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