Ex parte GANS et al. - Page 5




          Appeal No. 1997-0262                                                        
          Application 08/286,795                                                      



          claims, to the applied prior art references, and to the                     
          respective positions articulated by appellants and the                      
          examiner.  As a consequence of our review, we have made the                 
          determinations which follow.                                                


                    Looking first at the examiner's rejection of claims               
          1 and 8 under 35 U.S.C. § 102(b), we note that the examiner’s               
          position with regard to independent claim 1 seems to be that                
          Sakakida’s cover (24a, 24b), seen in Figures 8-10, can be                   
          removed for repair or replacement by merely removing the nuts               
          (153, 155) and separating the tabs on the ends of the tethers               
          (151) from  the bolts (152, 154), without disturbing the                    
          connection of the tethers to the casing (21) at members (29)                
          and (131).  Like appellants, we find this position to be                    
          untenable.  When the cover (24a, 24b) of Sakakida is in the                 
          position seen in Figure 8 of the patent, i.e., with the cover               
          closing the panel opening (1a) and the tethers (151)                        
          interconnected between the cover and the bracket (29) of the                
          airbag housing via holding members (131) and pins (135)                     



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