Appeal No. 2004-1433
Application No. 09/639,303
based on the content of the disclosure applies to this case. The
examiner, at best, has only addressed the sixth factor.
Therefore, the examiner has failed to establish a prima facie
case of non-enablement. We further note that appellants do
disclose (at page 18 of the specification) sensing the current
position and velocity of the occupant, determining where the
occupant is likely to be at the time of deployment of the airbag,
and preventing deployment of the airbag based on that
information. Accordingly, we cannot sustain the rejection of
claims 1, 3, 4, 28, 30, and 31 under 35 U.S.C. § 112, first
paragraph.
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