Ex Parte Evans - Page 7




            Appeal No. 2005-2211                                                        Παγε 7                                  
            Application No. 10/715,002                                                                                          


                  We shall, however, sustain the examiner's rejection of claim 15, and 29 which                                 
            depends therefrom3, as being indefinite because the limitation "whereby energy directed                             
            against a knee of an impacted person is converted into a throwing force that directs the                            
            person in a direction generally perpendicular to the line of impact and away from the                               
            vehicle bumper system" appears to be inconsistent with the structure and performance                                
            of appellant's disclosed bumper system for the reason articulated on page 4 of the                                  
            answer.  Appellant's specification states on page 3 that the "impacted person is initially                          
            'caught' and then 'thrown' in a direction away from the line of impact" and, on page 5,                             
            that, "[u]pon a continuing impact stroke (Fig. 5), the top and bottom horizontal sections                           
            23-24 provide a 'throwing' action, as shown by increasing forces 31 and 31'," such that                             
            "[t]he combination of these forces 31 and 31' 'throw' the impacted human 29 upward in                               
            a direction off the bumper beam 21."  The appellant's specification, however, does not                              
            explain, by means of an analysis of the forces, for example, why such throwing force will                           
            direct the person, as distinguished from the person's knee,  in a direction away from the                           
            vehicle bumper system rather than, as the examiner contends on page 4 of the answer,                                
            into the automobile.                                                                                                
                                                                                                                                
                  3 Although claim 24 also depends from claim 15, the examiner inexplicably did not include it in the           
            indefiniteness rejection.                                                                                           





















Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next 

Last modified: November 3, 2007