Ex parte BREED - Page 10




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



          In response to appellant’s arguments on pages 17-19 of                      
          the brief, we point out that claim 28 on appeal is not limited              
          to the particular mounting arrangement and specific type of                 
          switch “bending” depicted in the embodiment of the invention                
          seen in Figure 6 of the application, but is instead subject to              
          the broader interpretation applied above by this panel of the               
          Board.                                                                      





          Contrary to appellant’s arguments, this claim does not recite               
          or require that the sensor bend “as a result of the motion of               
          one portion of the vehicle to which the sensor is mounted                   
          relative to another portion of the vehicle to which the sensor              
          is mounted” (brief, pages 17-18).                                           

          For the above reasons, the examiner‘s rejection of claim                    
          28 under 35 U.S.C. § 102(b) based on Matsui will be sustained.              

          The last claim for our consideration with regard to the                     
          examiner’s § 102(b) rejection based on Matsui, is independent               

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