Ex parte SWANN et al. - Page 5




          Appeal No. 2000-2217                                       Page 5           
          Application No. 09/067,287                                                  


               In rejecting claims under 35 U.S.C. § 103, the examiner                
          bears the initial burden of presenting a prima facie case of                
          obviousness.  See In re Rijckaert, 9 F.3d 1531, 1532, 28                    
          USPQ2d 1955, 1956 (Fed. Cir. 1993).  A prima facie case of                  
          obviousness is established by presenting evidence that would                
          have led one of ordinary skill in the art to combine the                    
          relevant teachings of the references to arrive at the claimed               
          invention.  See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d                   
          1596, 1598 (Fed. Cir. 1988) and In re Lintner, 458 F.2d 1013,               
          1016, 173 USPQ 560, 562 (CCPA 1972).                                        


               Claim 14, the sole independent claim on appeal, reads as               
          follows:                                                                    
                    An apparatus for inflating an inflatable vehicle                  
               occupant protection device, said apparatus comprising:                 
                    a container for containing a quantity of inflation                
               fluid;                                                                 
                    a burst disk blocking flow of fluid out of said                   
               container; and                                                         
                    an actuatable initiator for rupturing said burst                  
               disk to enable flow of fluid out of said container, said               
               initiator comprising:                                                  
                         a body of ignitable material for, when ignited,              
                    generating combustion products;                                   
                         electrically energizable means for igniting said             
                    body of ignitable material, said electrically                     
                    energizable means located in said body of ignitable               
                    material;                                                         







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