Appeal No. 1999-2087
Application No. 08/595,449
on the forward side of the crank axis. See the appellants’
Figure 6. We understand “forward side” to be the direction
the bicycle rider would normally face while pedaling.
The examiner describes Murphy as disclosing an
electrically power assisted bicycle comprising an electric
motor 10 longitudinally disposed along the down tube of the
bicycle frame and on the forward side of a pedal assembly
crank axis. See answer, p. 3. Our review of Murphy reveals
that the reference also discloses a motor gear box
(unnumbered) having a drive shaft 12 extending from the gear
box with the shaft 12 journaled through a one-way clutch 16 to
a drive sprocket 20. See col. 3, ll. 36-50. As shown in
Figures 1 and 4 of Murphy, motor 10, gearbox, shaft 12, one-
way clutch 16 and sprocket 20 are all disposed adjacent to and
entirely on the forward side of the pedal assembly crank axis.
The examiner acknowledges that Murphy fails to disclose
the location of the battery, but cites the JA 60-7995
reference as teaching an electrically power assisted bicycle
having a battery disposed adjacent to and longitudinally
entirely on the rear side of a pedal assembly crank axis and
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