Ex parte SUZUKI et al. - Page 5




                 Appeal No. 1999-2087                                                                                                                   
                 Application No. 08/595,449                                                                                                             


                 power from said electrical motor to said drive disposed                                                                                
                 adjacent to and longitudinally entirely on the forward side”2                                                                          
                 of the pedal assembly crank axis and battery means “disposed                                                                           
                 adjacent to and longitudinally entirely on the rear side” of                                                                           
                 the pedal assembly crank axis and “substantially forwardly of                                                                          
                 the rotational axis” of the rear wheel of the bicycle.                                                                                 
                          We note that the language requiring the electrical motor                                                                      
                 and the transmission to be disposed adjacent to and                                                                                    
                 longitudinally entirely on the forward side of the pedal                                                                               
                 assembly crank axis was added to claim 1 by an amendment filed                                                                         
                 August 19, 1997 (Paper No. 29).  Prior to this amendment claim                                                                         
                 1 only required that the motor be disposed adjacent to and                                                                             
                 longitudinally entirely on the forward side of a pedal                                                                                 
                 assembly crank axis.  For purposes of our review, we construe                                                                          
                 the term “transmission” to include the pinion shaft 77, as                                                                             
                 well as disclosed elements connecting the pinion shaft 77 to                                                                           
                 the motor output shaft 63, but not the ring gear 83 or the                                                                             
                 housing 32 in which the pinion shaft and ring gear are                                                                                 
                 mounted, since the gear 83 and the housing 32 are not entirely                                                                         

                          2We do not find antecedent basis in the specification for                                                                     
                 this language, as required by 37 C.F.R. § 1.75(d)(1).                                                                                  
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