Ex parte DUNN - Page 3




                 Appeal No. 97-2722                                                                                       Page 3                        
                 Application No. 08/329,840                                                                                                             


                                                                   BACKGROUND                                                                           
                          The appellant's invention relates to a combined rack and                                                                      
                 storage device for a bicycle.  A copy of claims 1 through 7 is                                                                         
                 attached to this decision.                                                                                                             


                          The prior art references of record relied upon by the                                                                         
                 examiner as evidence of obviousness under 35 U.S.C. § 103 are:                                                                         
                 Edmonds                                               702,292                                      June 10,                            
                 1902                                                                                                                                   
                 Silverman                                                      2,713,845                                    July                       
                 26, 1955                                                                                                                               
                 Zopfi                                                 3,578,027                                    May  11,                            
                 1971                                                                                                                                   
                 Shockley                                              4,295,586                                    Oct. 20,                            
                 1981                                                                                                                                   
                 Bass et al. (Bass)                                    4,760,943                                    Aug.  2,                            
                 1988                                                                                                                                   
                 Dworman et al. (Dworman)                                       4,878,867                                    Nov.                       
                 7, 1989                                                                                                                                
                 Laiti                                                 2,681,039       2                   Mar. 12, 1993                                
                                                                       (France)                                                                         
                                                                       112,5043                                                                         

                          2In determining the teachings of Laiti, we will rely on                                                                       
                 the translation provided by the PTO.  A copy of the                                                                                    
                 translation is attached for the appellant's convenience.                                                                               
                          3The examiner referred to this as a French patent having                                                                      
                 a date of December 1941. Only copies of Figures 1-3 have been                                                                          
                 provided and relied upon by the examiner.  The appellant has                                                                           
                 not challenged that this reference is prior art to their                                                                               







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