Ex parte NEWKIRK et al. - Page 6




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


               [the] area adjacent one or more of the reaction                        
               canister first and second ends.  [Brief, page 11.]                     
               We are unpersuaded by the appellants' arguments.  It is                
          true that the claims on appeal do not require the gas to be                 
          distributed evenly; nevertheless, we share the examiner's view              
          that a combined consideration of Good and Rion would have                   
          fairly suggested to the artisan to utilize a non-symmetric or               
          hybrid gas                                                                  
          generator to inflate the air bag of Good as taught by Rion.                 
          In making this determination we note that the teachings of                  
          Good and Rion, taken as a whole, establish that the use of                  
          symmetric and non-symmetric gas generators are art-recognized               
          alternatives and one of ordinary skill in this art would have               
          been well aware of the advantages and disadvantages of each.                
          See, e.g., In re Heinrich, 268 F.2d 753, 756, 122 USPQ 388,                 
          390 (CCPA 1959).  In modifying Good in accordance with the                  
          teachings of Rion, we share the examiner's view that one of                 
          ordinary skill in the art would have utilized evenly spaced                 
          openings in the diffuser or retainer 92 of Good as taught by                
          Rion in order to achieve Rion's expressly stated advantage of               



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