Ex Parte Oestreicher et al - Page 4




              Appeal No. 2006-0022                                                                     Παγε 4                 
              Application No. 09/810,943                                                                                      



                      The motivation, suggestion or teaching may come explicitly from statements in                           
              the prior art, the knowledge of one of ordinary skill in the art, or, in some cases the                         
              nature of the problem to be solved.  See In re Dembiczak, 175 F.3d 994, 999, 50                                 
              USPQ2d 1614, 1617 (Fed. Cir. 1999).  In addition, the teaching, motivation or                                   
              suggestion may be implicit from the prior art as a whole, rather than expressly stated in                       
              the references.  See WMS Gaming, Inc. v. International Game Tech., 184 F.3d 1339,                               
              1355, 51 USPQ2d 1385, 1397 (Fed. Cir. 1999).  The test for an implicit showing is what                          
              the combined teachings, knowledge of one of ordinary skill in the art, and the nature of                        
              the problem to be solved as a whole would have suggested to those of ordinary skill in                          
              the art.  See In re Keller, 642 F.2d 413, 425, 208 USPQ 871, 881 (CCPA 1981) (and                               
              cases cited therein).                                                                                           


                      With this as background, we analyze the prior art applied by the examiner in the                        
              rejection of the claims on appeal.                                                                              


              Research Disclosure                                                                                             
                      Research Disclosure is directed to weight sensing for an occupant resistant                             
              system utilizing load cell technologies.  Vehicle occupant weight information can be                            
              used to tailor the deployment characteristics of an airbag or other restraint device.  The                      
              weight information can be used to switch airbags completely off for empty seats or                              







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