Ex Parte TANAKA et al - Page 3




          Appeal No. 2001-1801                                                        
          Application 09/136,659                                                      


          the teachings of Baum. In construing the term “seat belt”                   
          appellants contend that we should have applied the Federal Motor            
          Vehicle Safety Standards, 49 CFR § 571 et sec., which set forth             
          the mandatory Federal standards for seat belts.                             


          With regard to appellants’ change in length argument, we                    
          pointed out on pages 6-7 of our earlier decision that the                   
          adjustable length belt (31) of Baum need not be of a length to              
          encircle the seat back of a school bus as shown in Figure 1 of              
          the application drawings, since the claims on appeal do not                 
          specify any such length requirement. In further discussing this             
          point, we noted that the adjustable length belt (31) of Baum is             
          capable of being secured to a portion of a seat of a school bus             
          such as a center post extending between a bench part of the bus             
          seat and the back thereof, or to a post wherein there are posts             
          at each end of the bus seat with a gap between the bench portion            
          and the back of the seat. Appellants have not argued or                     
          demonstrated that the belt (31) of Baum is not capable of such a            














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