Ex parte HIRSCH et al. - Page 15




          Appeal No. 1999-1037                                                        
          Application 08/804,284                                                      


          resistance to crushing, with the second resistance to crushing              
          being lesser than the first resistance.  Carney ‘310 discloses              
          an energy absorbing system having collapsible barrels 16 of                 
          varying crush resistance to cause the barrels to collapse with              
          desired predetermined crushing characteristics.  See column 8,              
          line 63 through column 9, line 4; column 12, lines 28-65.                   
          Thus, the teachings of Carney ‘310 would appear to be highly                
          relevant to the subject matter presented in claims 11, 12 and               
          15.  The examiner should consider whether it would be                       
          appropriate to enter a new prior art rejection of any of these              
          claims in light of the above noted disclosure of Carney ‘310,               
          either alone or in combination with other prior art of which                
          the examiner may be aware.                                                  
               If the examiner determines that a rejection based on                   
          Carney ‘310, either alone or in combination with other prior                
          art, is appropriate, then such rejection(s) should be made and              
          appellant provided with an opportunity to respond thereto.                  





                                       Summary                                        
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