Ex parte DYER - Page 4




                     Appeal No. 97-4455                                                                                                                                                
                     Application 08/616,605                                                                                                                                            


                     deployed.   The airbag is made up of a plurality of panels of flexible material and is inflatable to a4                                                                                                                                                   

                     predetermined three-dimensional configuration.  As manifested in independent claim 9, the panels                                                                  

                     comprise an inner side panel having a neck portion and an enlarged wall portion projecting from the                                                               

                     neck portion, an outer wall panel having a neck portion and an enlarged wall portion projecting from                                                              

                     the neck portion that is “of greater cross-sectional dimensions than the enlarged wall portion of said                                                            
                     inner side panel,”  and a center panel complementary to the peripheral edges of the inner and outer side5                                                                                                                                        

                     panels and attaching the two together.  The examiner finds in Kalberer an airbag having the same shape                                                            

                     as that of the claimed invention when in the inflated state but lacking the claimed panel construction.                                                           

                     However, it is the examiner’s position that it would have been obvious to construct the Kalberer airbag                                                           

                     of multiple panels meeting the terms of the claim 9, in view of the teachings of Japanese ‘859.                                                                   

                                Like the appellant’s invention, the Kalberer airbags are shaped to provide more extensive                                                              

                     protection to one side for the occupant of the vehicle (see Figure 1).  Kalberer is silent as to the                                                              

                     construction of the airbags.  Therefore, this reference fails to teach that the airbag is comprised of two                                                        

                     opposed panels attached together by a third panel, much less that the cross-sectional dimensions of one                                                           

                     of the opposed panels are greater than the other.                                                                                                                 

                                Japanese ‘859 discloses airbags constructed of three panels.  This reference does not,                                                                 

                                4The “A” pillar is the roof support pillar located between the windshield and the adjacent door.                                                       
                                5We interpret this to mean simply that the enlarged wall portion of the outer panel is larger than                                                     
                     that of the inner panel.                                                                                                                                          
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