Appeal No. 2003-1638
Application 09/511,741
(CCPA 1968), presuming skill on the part of this person. In re Sovish, 769 F.2d 738, 743, 226
USPQ 771, 774 (Fed. Cir. 1985).
The examiner contends that the vehicle instrument panel assembly disclosed in FIG. 6
thereof has “airbag cover” 14b that is “free from tear seams,” is connected to tether 16b, and
“[t]he airbag cover and tether are integrally molded (col. 5 line 42, see Fig. 5, col. 3 line 5)”
(Paper No. 13, page 2). In response to appellants’ arguments in the brief, the examiner further
contends that
Bowers shows an airbag cover (14a, Fig. 5) with an integrally molded tether (130, 40a)
and another embodiment of the airbag cover (14b, Fig. 6) that is free from tear seams.
The detailed structure of the tether (16b) in Fig. 6 is not clearly shown, however, it can
be assumed that it is also integrally molded as is the tether in Fig. 5. Furthermore,
integral molding is common practice in the art and it would be obvious to one skilled
in the art to make the tether integrally molded for a variety or reasons. [Answer, page
4.]
We note here that we do not find an express statement of any other reliance on the
disclosure of the integral tether/deployment door formed by the single molded piece consisting of
second cover part 44a and deployment door 14a in FIG. 5 in Paper No. 13 or in the answer.
Appellants point to the disclosure that “tether 16 is connected to deployment door 14 in a
known manner such as by insert molding” at col. 4, lines 47-49, of Bowers, and submit that
“there is no suggestion that any of the tether embodiments (tether 16, 16b, 16c) describe or
suggest that the air bag cover includes an integrally molded tether,” with reference to Bowers
FIGs. 4, 6 and 7 (brief, page 6; see also reply brief, pages 1-2). With respect to Bowers FIG. 5,
appellants point out that “Figure 5 fails to describe or suggest that the air bag cover is free from
having any tear seams (note tear seam 46a)” (brief, page 6), and that the reference does not
disclose “different embodiments . . . to be simultaneously useable, and there is no disclosure of
combining the deployment door 14b of Figure 6 and the one piece cover 40a of Figure 5” (brief,
page 7; see also reply brief, page 2). Appellants further point out that in Gallagher FIG. 9, “the
panel and tether are molded separately and then united by welding as opposed to being integrally
formed as recited by independent claim 1” (brief, page 6; see also reply brief, page 2). With
respect to the examiner’s contention that integral molding is commonly practiced in the art,
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