Ex parte BREED - Page 12




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


          can be fairly said to be capable of inherently actuating upon               
          being bent in the manner set forth in claim 21 on appeal.  We               
          view the above recitations of claim 21 as providing a                       
          structural relationship which must be capable of cooperating                
          so as to bend the actuating member of the switch when the at                
          least one vehicle element to which it is mounted is bent at                 
          said given position.  No such arrangement is shown, disclosed               
          or taught in Matsui.  Thus, the examiner’s      § 102(b)                    
          rejection of claim 21 and claims 1, 2, 5 through 7, 12, 13, 20              
          and 22 which depend therefrom will not be sustained.                        

          In summary: the decision of the examiner rejecting claims                   
          1, 2, 5 through 7, 12, 13, 20 through 23 and 28 under 35                    
          U.S.C.                                                                      
          § 102(b) as being anticipated by Matsui, has been affirmed as               
          to                                                                          




          claims 23 and 28, but reversed with regard to claims 1, 2, 5                
          through 7, 12, 13, 20, 21 and 22.  The examiner’s decision                  
          rejecting claims 24 and 25 under 35 U.S.C. § 103 as being                   

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