Ex parte SUZUKI et al. - Page 14




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


             means that is disposed longitudinally along the down pipe lies                                       
             below and extends generally parallel to the down pipe.”                                              
                    Davidson shows an electrically power assisted bicycle                                         
             comprising, inter alia, chain wheel 12, drive chain 26 and                                           
             sprocket 25 coupling a pedal assembly to a rear wheel for                                            
             manual driving of the rear wheel, an electric motor 13                                               
             extending longitudinally along one side of the seat pipe and                                         
             entirely on one side of the pedal assembly crank axis and an                                         
             electric storage battery 27 extending longitudinally, as least                                       
             to some degree, along one side of the down pipe and entirely                                         
             on the other side of the crank axis.  The examiner describes                                         
             Davidson as failing to show the battery mounted below and                                            
             parallel to the down tube and cites Goldenfeld for a teaching                                        
             of a battery 16 mounted parallel to the down tube.  See                                              
             answer, p. 5.  In addition, the examiner describes Goldenfeld                                        
             as suggesting that the battery may be hung below the frame.                                          
             Id.                                                                                                  
                    Based on the combined teachings of the applied prior art,                                     
             the examiner determined (id.) that                                                                   
                    [i]t would have been obvious to a skilled artisan to                                          
                    mount the Davidson battery parallel to and below the                                          
                    frame down tube, as taught by Goldenfeld, in order                                            
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