Ex parte BREED - Page 11




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


          claim 21.  This claim differs from claims 23 and 28 in that it              
          requires the sensor to be arranged in the crush zone “at a                  
          given position” and “attached to at least one of said vehicle               
          elements in said crush zone,” with the switch of the sensor                 
          and the at least one of said vehicle elements cooperating                   
          “such that when said at least one of said elements deforms at               
          said given position upon said impact at at least said                       
          prescribed threshold-value speed, bending of said actuating                 
          member (in said switch) inten-tionally occurs resulting in                  
          actuation of said switch.” As  argued by appellant on pages                 
          13-15 of the brief and in the reply                                         




          brief, the more specific requirement in claim 21 of the                     
          cooperating relationship between the sensor/switch and the                  
          vehicle element to which it is specifically attached at a                   
          given location to cause bending of the actuating member of the              
          switch is not found in Matsui.  Contrary to the examiner’s                  
          position (answer, pages 7-8), we do not consider that the                   
          recitations in appellant’s claim 21 noted above are merely                  
          intended use, or that the sensor in Matsui (Figs. 15a, 15b)                 
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