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/Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 NextLast modified: November 3, 2007