Appeal No. 98-0680
Application No. 08/685,160
determine the meaning of "adjacent," we must point out that
this case involves the interpretation of patent claims in an
infringement proceeding (see the discussion in Morris for the
differences between claim interpretation in patents in
infringement proceedings vis-à-vis applications pending before
the PTO).
As to claim 28, the appellants contend that the
references do not teach that at least about 70% of the gas
flowing into the air bag is parallel to the ends of the
reaction canister. However, inasmuch as the outlet apertures
in the diffusers of both Good and Rion lie in planes that are
generally perpendicular to ends of the reaction canisters,
there is a reasonable basis to conclude that at least about
70% of the gas flow is inherently parallel to the ends.
In view of the foregoing, we will sustain the rejection
of claims 1, 18-21, 24 and 26-29 under 35 U.S.C. § 103 as
being unpatentable over Good in view of Rion.
Turning to the rejection of claims 25, 30, 31, 35 and 36
under 35 U.S.C. § 103 as being unpatentable over Good in view
of Rion and Sakurai, the examiner considers that it would have
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