Ex Parte Laituri et al - Page 4




                 Appeal No. 2003-1648                                                                                 Page 4                     
                 Application No. 09/648,359                                                                                                      


                         In rejecting claims under 35 U.S.C. § 103, the examiner bears the initial burden                                        
                 of presenting a prima facie case of obviousness.  See In re Rijckaert, 9 F.3d 1531,                                             
                 1532, 28 USPQ2d 1955, 1956 (Fed. Cir. 1993).  A prima facie case of obviousness is                                              
                 established by presenting evidence that would have led one of ordinary skill in the art to                                      
                 combine the relevant teachings of the references to arrive at the claimed invention.                                            
                 See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988) and In re                                             
                 Lintner, 458 F.2d 1013, 1016, 173 USPQ 560, 562 (CCPA 1972).                                                                    


                         Claims 1, 11 and 21, the only independent claims on appeal, read as follows:                                            
                         1.       A restraint system for a motor vehicle comprising:                                                             
                                  a plurality of sensors for sensing vehicle conditions of restraint                                             
                         deployment thresholds, said sensors including a first sensor for sensing                                                
                         deceleration from a first location and a second sensor for sensing the                                                  
                         deceleration from a second location;                                                                                    
                                  an electronic controller electrically connected to said first sensor and said                                  
                         second sensor for determining whether said first sensor and said second sensor                                          
                         experience sufficient deceleration;                                                                                     
                                  a driver side air bag and a passenger side air bag operatively connected                                       
                         to said electronic controller for deployment thereby in a first stage if the                                            
                         deceleration warrants a first stage deployment and in a second stage if the                                             
                         deceleration warrants a second stage deployment;                                                                        
                                  a seat position sensor electrically connected to said electronic controller                                    
                         for sensing whether a driver side seat is rearward of a predetermined proximity                                         
                         and allowing said electronic controller to deploy the second stage of the driver                                        
                         side air bag if the driver side seat is rearward of the predetermined proximity;                                        
                         and                                                                                                                     
                                  a weight sensor electrically connected to said electronic controller for                                       
                         sensing whether an occupant is above a weight deployment threshold and                                                  
                         allowing said electronic controller to deploy the first stage of the passenger side                                     
                         air bag if the weight of the occupant is above the weight deployment threshold.                                         








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