Ex Parte Nitschke et al - Page 6



          Appeal No. 2003-1747                                                        
          Application 09/647,296                                                      

          to be deployed.  Thus, the state-machine logic in each IPOS/slave           
          in Bauer does not decide whether to deploy an associated                    
          restraint device, but rather only passively carries out the                 
          firing decision already made by the central control unit (ECU).             

          In light of the foregoing, we will not sustain the                          
          examiner’s rejection of claims 8 through 10, 12 and 16 under                
          35 U.S.C. § 102(b) as being anticipated by Bauer.                           

          Dependent claim 11 stands rejected under 35 U.S.C. § 103(a)                 
          as being unpatentable over Bauer in view of Scholz.  After                  
          considering the collective teachings of the applied prior art, we           
          agree with appellants that the teachings of Scholz fail to makeup           
          for or cure the critical deficiencies of Bauer as noted above.              
          Thus, it follows that the examiner’s rejection of dependent claim           
          11 under 35 U.S.C. § 103(a) as being unpatentable over Bauer in             
          view of Scholz will likewise not be sustained.                              






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