Ex parte BREED - Page 7




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


          the switch in Matsui (e.g., Figs. 15a, 15b mounted as in Fig.               
          21a) will be struck by vehicle structure (e.g., 133, 133a)                  
          displaced by the crushing of a portion of the vehicle in a                  
          crash and be deformed or “bent” as a result of that contact so              
          that the first conductive member (95) is displaced relative to              
          said second conductive member (95N) to cause said switch to                 
          change from a nonconducting state to a conducting state.                    
          Appellant’s specifi-cation, at page 11, lines 6-7, in                       
          reference to Figure 5, appears to support this general                      
          understanding of “bending” as it applies to the switch member               
          seen therein.  Stated simply, in contrast to appellant’s                    
          arguments, claim 23 on appeal is clearly not limited to the                 
          mounting arrangement and type of switch “bending” as depicted               
          in the embodiment of the invention seen in Figure 6 of the                  
          application, but is instead subject to the broader interpre-                
          tation applied by this panel of the Board supra.                            

          For the above reasons, the examiner‘s rejection of claim                    
          23 under 35 U.S.C. § 102(b) based on Matsui will be sustained.              
          Given appellant’s above-noted grouping of the claims, claims                
          24 through 27 will fall with independent claim 23 from which                

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