Ex Parte BREED et al - Page 2




              Appeal No. 2002-0029                                                                       2               
              Application No. 09/437535                                                                                  


                     Appellants’ invention pertains to a method and apparatus for controlling                            
              deployment of a side airbag.                                                                               
                     The references relied upon by the examiner in the final rejection are:                              
              White et al. (White)                      5,071,160                    Dec. 10, 1991                       
              Kaji et. al.  (Kaji)                      5,222,761                    Jun.  29, 1993                      
                     The appealed claims stand finally rejected as follows:1                                             
                     (1) claims 20-22, 24, 25, 28-30, 32 and 33, rejected under 35 U.S.C. § 102(b) as                    
              being anticipated by Kaji;                                                                                 
                     (2) claims 20-22, 24, 25, 28-30, 32 and 33, rejected under 35 U.S.C. § 103(a) as                    
              being unpatentable over White; and                                                                         
                     (3) claims 1-3, 7, 8, 10-12, 16-19 and 36-40, rejected under 35 U.S.C. § 103(a)                     
              as being unpatentable over Kaji in view of White.                                                          
                     Reference is made to appellants’ main and reply briefs (Paper Nos. 13 and 15)                       
              and to the examiner’s final rejection and answer (Paper Nos. 9 and 14) for the                             
              respective positions of appellants and the examiner regarding the merits of these                          
              rejections.                                                                                                






                     1Although the examiner grouped rejections (1) and (2) in a single paragraph in                      
              the final rejection and answer, it is clear that claims 20-22, 24, 25, 28-30, 32 and 33                    
              have been finally rejected on two separate grounds of rejection.                                           
              LJS/                                                                                                       





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