Ex parte NEWKIRK et al. - Page 15




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


          considered to be "generally towards an oppositely seated                    
          vehicle occupant" (emphasis added) as claimed.  Therefore, we               
          will sustain 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.                                                        
               Considering last the rejections under 35 U.S.C. § 103 of               
          claims 22 and 23 as being unpatentable over Good in view of                 
          Rion and claims 32-34 as being unpatentable over Good in view               
          of Rion and Sakurai, the examiner has taken the position that               
               the first area of Rion can be at least 60% of the                      
               gas flow area comprised of first and second areas                      
               even if the holes are uniformly depending on where                     
               the first area is defined to end.  [Answer, page 8.]                   
          We are at a loss to understand the examiner's position.  The                
          first area is clearly defined as being "adjacent" the first                 
          end of the reaction canister.  We find nothing in the combined              
          teachings of the relied on prior art which either teaches or                
          fairly suggests such an arrangement.  Accordingly, we will not              
          sustain the rejections under 35 U.S.C. § 103 of claims 22 and               
          23 based on the combined teachings of Good and Rion and of                  
          claims 32-34 based on the combined teachings of Good, Rion and              
          Sakurai.                                                                    

                                          15                                          





Page:  Previous  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next 

Last modified: November 3, 2007