Ex parte ROSS - Page 5




          Appeal No. 95-4350                                                          
          Application No. 08/212,082                                                  


          agree with appellant (Brief, page 17) that “[t]he Examiner’s                
          statement that more than one sensor type gives a more accurate              
          determination of whether the passenger restraint should be                  
          activated is knowledge gained from Appellant’s specification, and           
          therefore is impermissible hindsight.”  Thus, the obviousness               
          rejection of claims 1 through 19 is reversed.                               
                                      DECISION                                        
               The decision of the examiner rejecting claims 1 through 19             
          under 35 U.S.C. § 103 is reversed.                                          
                                      REVERSED                                        


                                                                                     
                         JAMES D. THOMAS               )                              
                         Administrative Patent Judge   )                              
                                                       )                              
                                                       )                              
                                                       )                              
                                                       ) BOARD OF PATENT              
                         KENNETH W. HAIRSTON           )     APPEALS                  
                         Administrative Patent Judge   )       AND                    
                                                       )  INTERFERENCES               
                                                       )                              
                                                       )                              
                                                       )                              
                         LEE E. BARRETT                )                              
                         Administrative Patent Judge   )                              





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