Ex Parte Lumpkin - Page 3



         Appeal No. 2006-0954                                                       
         Application No. 10/316,444                                                 
         Buckley et al. (Buckley)         6,003,639         Dec. 21, 1999           
         Cheever et al. (Cheever)         6,443,027         Sep.  3, 2002           
                                   THE REJECTION                                    
              Claims 1-19 stand rejected under 35 U.S.C. § 103 as being             
         unpatentable over Buckley in view of Cheever.                              
                                      OPINION                                       
              The rejection is reversed as to claims 1-17 and 19, and               
         affirmed as to claim 18.                                                   
                                 Claims 1-17 and 19                                 
              We need to address only the independent claims among                  
         claims 1-17 and 19, i.e., claims 1, 9 and 15.  Claims 1 and 15             
         require that the position of a pivotable connection of a bicycle           
         handlebar brake handle to a housing, relative to the housing’s             
         clamp axis on the handlebar, is such that a mechanical advantage           
         to a user resulting from actuating the handle does not diminish            
         more than 3% as the handle is pivoted between its engagement               
         point and fully actuated position.  Claim 9 requires that the              
         engagement point is 50 mm or less from the clamp axis and is               
         located such that an actuation chord between the engagement point          
         and the end point of an arc between the engagement point and the           
         fully actuated position extends at an angle relative to the clamp          
         axis greater than or equal to a select angle less 6°, where the            
                                                                                   
         uniformity of mechanical advantage (page 17, lines 1-14), but the select angle is not
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