Ex parte DURRANI et al. - Page 5




                 Appeal No. 00-0910                                                                                                                     
                 Application No. 08/821,176                                                                                                             


                 subject matter of the presently appealed claims in the parent                                                                          
                 application.2                                                                                                                          





                          Looking at the examiner’s rationale in rejecting the                                                                          
                 appealed claims under the judicially created doctrine of                                                                               
                 double patenting, the examiner states (answer, pages 3-4):                                                                             
                                   The subject matter claimed in the instant                                                                            
                          application is fully disclosed in the patent and is                                                                           
                          covered by the patent since the patent and the                                                                                
                          application are claiming common subject matter.                                                                               
                          That is, both the claims of the patent and the                                                                                
                          application claim a modular steering wheel and                                                                                
                          airbag combination comprising a steering wheel                                                                                
                          assembly and an airbag assembly wherein the steering                                                                          
                          wheel assembly includes a hub plate and “structure                                                                            
                          to secure the hub plate to a steering column.”                                                                                
                                   Furthermore, there is no apparent reason why the                                                                     
                          applicant was prevented from presenting claims                                                                                
                          corresponding to those of the instant application                                                                             

                          2In comparing the disclosures of the parent application                                                                       
                 and the present continuation-in-part application, we                                                                                   
                 appreciate that Figures 16 and 17 and the portions of the                                                                              
                 specification describing said figures were added to the                                                                                
                 disclosure of the present application.  Accordingly, to the                                                                            
                 extent any of the presently appealed claims are directed to                                                                            
                 features disclosed exclusively in Figures 16 and 17, such                                                                              
                 claims obviously could not have been presented in the parent                                                                           
                 application.                                                                                                                           
                                                                           5                                                                            





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