Ex Parte Odom - Page 7



          Appeal No. 2005-0028                                                        
          Application No. 09/489,602                                                  

          tensile forces and the other connecting member will carry mostly            
          compressive forces during use.  In column 1, lines 50-58, Schmidt           
          indicates that                                                              
               [d]ue to this separation of load-carrying functions,                   
               structural properties such as, for example, stiffness and              
               strength of the connecting members can be advantageously               
               optimized.  For example, each of the connecting members can            
               be precisely and selectively dimensioned such that the                 
               tension-carrying member may have a thicker cross section               
               than that of the compression-carrying member since the                 
               compressive strength of a material far exceeds the tensile             
               strength of the same material.                                         
          Thus, notwithstanding the teaching in Bezin of a hollow                     
          fiber reinforced resin tubular crank arm structure having a lower           
          weight than a conventional straight double ended crank arm, given           
          the disclosure in Schmidt of providing solid cross-section                  
          connecting members (2, 3) arranged in a generally triangulated              
          pattern and the recognition of significant advantages to be                 
          derived therefrom, we are of the view that it would not have been           
          obvious to one of ordinary skill in the art at the time of                  
          appellant’s invention to modify the connecting members of                   
          Schmidt’s triangular type crank arm structure to have a hollow              
          cross-section, or to be formed as a multi-piece assembly, as                
          urged by the examiner.                                                      


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