Ex Parte HEINZ - Page 4




          Appeal No. 2003-0417                                                        
          Application 09/080,207                                                      
          the air bag effectively protects the passenger prior to full                
          inflation.                                                                  
               As conceded by the examiner (see page 2 in the final                   
          rejection), the Heinz air bag does not respond to the limitations           
          in independent claim 23, and the corresponding limitations in               
          independent claim 26, calling for the lower boundary edge of the            
          air bag, in an unfolded mounted position, to extend at an angle             
          not equal to zero with respect to the longitudinal axis of the              
          gas generator so that during inflation the air bag is rotatable             
          through the angle in relation to the longitudinal axis into an              
          inflated operating position providing ideal protection for the              
          passenger.  As disclosed in the underlying specification and set            
          forth in claim 26, the rotation stems from torque generated by              
          gas flow against the partition in the air bag.  Setting the lower           
          boundary edge of the air bag in an unfolded mounted position at             
          an angle with respect to the longitudinal axis of the gas                   
          generator compensates for the rotation to bring the air bag into            
          the ideal inflated operating position.                                      
               Wipasuramonton discloses a side impact protection device 80            
          mounted on the upper end of a vehicle seatback 22 reclined at an            
          angle of about 25° from the vertical.  The device comprises a               
          housing 82, an inflator 84 and an air bag 90.  The air bag, which           
          is configured to mirror and protect the neck and head of a                  

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