Ex parte SPIES et al. - Page 6




          Appeal No. 96-3158                                                          
          Application 08/065,857                                                      


               into said recess, whereby forces generated upon                        
               ignition allow ignition gases to rupture part of                       
               said single housing at said cylindrical portion and                    
               rupture part of said gas generator housing at said                     
               recess to activate said propellant.”                                   


          Each of the examiner’s rejections before us on appeal is                    
          premised on his determination that the gas generator (10) of                
          Husby includes, or can be understood as including (based on                 
          the “closed” housing 110 of Cornellier), a normally closed                  
          first housing (30, 32) which contains a solid fuel as a charge              
          to generate gas, and a closed second housing (27, 28) defining              
          a vessel which is separate from the first housing, has a                    
          sensor and ignition means (20) therein, and includes an                     
          extending cylindrical portion (near 50).  See, particularly,                
          Figures 1 and 2 of Husby.                                                   


          Like appellants, we find the examiner’s position to be                      
          untenable, because Husby does not include, and can not be                   
          reasonably understood as including, the separate first and                  
          second closed housings of appellants’ claim 1, or the separate              
          closed unit and closed integral unit as set forth in claim 9                
          on appeal.                                                                  

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