Ex Parte WESSELS et al - Page 12



          Appeal No. 2003-1153                                                         
          Application No. 09/349,214                                                   

          other words, Hermann's central controller 3 processes the signals            
          provided by the sensors by comparing them with a predetermined               
          value below which the protection device cannot be triggered.  We             
          find that Hermann teaches three different crash classifications              
          and a threshold value with which the acceleration signals or                 
          signals derived from the sensors is compared.  Thus, when Hermann            
          is sampling the acceleration signals, the signals must be put                
          into memory in the evaluation device in order to make a                      
          comparison with the thresholds that define the types or "classes"            
          of crashes previously mentioned.  However, we fail to find that              
          the claimed features "crash classification mask for each of the              
          crash classifications" and the "restraint deployment code                    
          identifying which of the restraints should be deployed" are                  
          necessarily present in the things described by Hermann, and that             
          it would be so recognized by persons of ordinary skill.  In fact,            
          Hermann is totally silent about the classification masks and                 
          restraint deployment codes.  Hermann only teaches the signals and            
          the comparison of the signals with the threshold value.  The                 
          portions of column 7, lines 35-48 that the Examiner relies on for            
          rejecting claim 1 merely address the problem of identifying which            
          of the restraints should be deployed by comparison of the signals            
          with the threshold value.  Hermann's control device does not                 
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