Ex parte SPIES et al. - Page 7




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


          The examiner’s assertion that the recitation of a “closed                   
          housing” or “closed unit” in appellants’ claims on appeal does              
          not preclude housings/units comprising openings (answer, page               
          6), in our opinion, is in error.  When the separate “closed                 
          housing” and separate “closed unit” terminology in appellants’              
          claims is understood and interpreted in light of the                        
          underlying disclosure of the application, it is clear that                  
          such claim recitations require housings or units that are                   
          separate and distinct from one another (as seen, for example,               
          in Figures 1 and 1a of appellants’ drawings) and which are                  
          each “tightly closed” (specification, page 4) so as to ensure               
          against any form of leaks in the gas generator and preclude                 
          any contact between the igniter/primer material in the “closed              
          second housing” and the solid fuel charge of the “closed first              
          housing,” while also facilitating appellants’ stated objective              
          of permitting parts with critical fillings (e.g., closed                    
          housing 1) to be separated from other parts (e.g., closed                   
          housing 7) for conditioning, recycling or safe disposal                     
          wherein said closed housings or units will not be a burden on               
          the environment and allow said environment to be protected for              
          the future (see, e.g., appellants’ specification, pages 3-4).               

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