Ex parte FOGLE - Page 2




          Appeal No. 98-2398                                                          
          Application No. 08/815,251                                                  


          are all of the claims remaining in the application.  Claims 4               
          through 10, 14, 15 and 17 have been canceled.                               


          Appellant’s invention relates to an electrically                            
          actuatable igniter (claim 11), an apparatus including an                    
          inflator employing such an igniter (claim 1), and a method of               
          installing pyrotechnic material in an igniter (claim 16).  As               
          disclosed, the inflator and igniter are used in an inflatable               
          vehicle occupant protection device such as an air bag system.               
          Independent claims 1, 11 and 16 are representative of the                   
          subject matter on appeal and a copy of those claims appears in              
          the Appendix to appellant’s brief.                                          


          The sole prior art reference of record listed by the                        
          examiner (answer, page 3) as relied upon in rejecting the                   
          appealed claims is:                                                         
          Duguet                   5,544,585                     Aug. 13,             
          1996                                                                        


          In addition, the examiner has relied upon what has been                     
          characterized as an admission by appellant found on page 11 of              
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