Ex parte SPIES et al. - Page 8




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


          As for the examiner’s citation of Cornellier for its                        
          claimed “closed blade guard housing” (col. 4) and forwardly                 
          open vertical slots in the forward wall thereof, not only do                
          we consider Cornellier to be nonanalogous art with regard to                
          the vehicle passenger restraint system of appellants                        
          invention, but we also view the claim recitations of                        
          Cornellier as being entirely irrelevant to a proper                         
          interpretation of the separate “closed housing” or separate                 
          “closed unit” recitations in appellants’ claims on appeal.                  


          Thus, even if one of ordinary skill in the art would have                   
          been motivated to have combined the teachings of Husby and                  
          Bell, Husby, Bell and Spies ‘730, or either of those                        
          combinations further in view of Cornellier, we agree with                   
          appellants that the resulting passenger restraint system would              
          not render obvious that which is set forth in the claims                    
          before us on appeal.  For that reason, we refuse to sustain                 
          the examiner’s rejections of claims 1, 4 and 8 under 35 U.S.C.              
          § 103 as being unpatentable over either Husby, Bell and Spies               
          ‘730, or Husby, Bell, Spies ‘730 and Cornellier.  For the same              



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