Appeal No. 2005-2182
Application No. 10/417,458 Page 4
said portions include at least one engagement surface engageable
with a shoe not having the complementary structure to pedal the
bicycle.
In attempting to establish the obviousness of appellant’s
bicycle pedal adapter or bicycle assembly, including such an
adapter, the examiner proposes modifying the bicycle pedal
assembly of Nagano based on the teachings of Chae with respect
to a vehicle pedal supplementary device. In this regard, the
examiner notes that Chae teaches a pedal sandwiched between first
and second members and asserts that:
it would have been obvious to one of ordinary
skill in the art at the time of the invention to modify
the apparatus of Nagano in view of Chae to include a
hinge mechanism to couple said first portion to said
second portion so as to permanently connect said first
portion to said second portion while allowing for easy
installation of said pedal adapter on a pedal.
As correctly explained by appellant in the briefs, however,
Chae (column 1, lines 6-11 and column 1, line 65 through column
2, line 11) is directed to a supplementary device that includes
an upper pedal piece, a locking plate and a lower support for use
with a vehicle pedal, such as "an automobile, a motorcycle, a
farming machine and the like" to allow for a larger size to
inhibit a foot from slipping off in an emergency. As such, we
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