Ex parte NEWKIRK et al. - Page 5




          Appeal No. 98-0680                                                          
          Application No. 08/685,160                                                  


          initially inflate asymmetrically" (column 4, lines 21 and 22).              
          The examiner then concluded that:                                           
               It would have been obvious to one of ordinary skill                    
               in the art to modify Good to include an elongated                      
               inflator with an outlet adjacent one end and                           
               openings arranged in the diffuser face member so as                    
               to distribute gas evenly and hence prevent skewed                      
               deployment while placing some of the openings                          
               adjacent the ends of the diffuser and hence the ends                   
               of the housing in view of Rion's teaching in order                     
               to use a hybrid inflator while achieving even                          
               distribution (column 2, lines 36-40 of Rion)(note                      
               also this meets claim 27).  As broadly recited in                      
               claim 18, in the combination Rion teaches openings                     
               44a-44d longitudinally spaced from each other, and                     
               these spaced openings meet at least one of the                         
               conditions of the claim (i.e., opening 44a is spaced                   
               from opening in an area adjacent the first end).                       
               [Final rejection, page 3.]                                             
               In argument the appellants note various alleged                        
          deficiencies of the references individually and urge that the               
          examiner's position                                                         
               indicates a failure to appreciate the nature of the                    
               invention.  More specifically, the claimed invention                   
               does not require that the diffuser "distribute gas                     
               evenly" but rather that the air bag deploy in a non-                   
               skewed manner without the flow of inflation gas                        
               through the diffuser being significantly restricted.                   
               As stated above, in the claimed invention the                          
               diffuser and the reaction canister cooperate whereby                   
               the air bag deploys from the reaction canister in a                    
               non-skewed manner without the flow of inflation gas                    
               through the diffuser being significantly restricted                    
               and such a result is achieved through the proper                       
               specified placement of the diffuser gas flow through                   
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