Ex Parte Yamanaka - Page 2



             Appeal No. 2006-2322                                                 Page 2                     
             Application No. 10/676,417                                                                         
                                              BACKGROUND                                                        
                   The appellant's invention relates to a bicycle crank axle.  Claim 35,                        
             reproduced below, is representative of the subject matter on appeal.                               
                          35. A  bicycle  crank  axle adapted  to  be  rotatably                                
                          supported within a bottom bracket of a bicycle frame,                                 
                          wherein the crank axle comprises:                                                     
                          an axle body having first and second end portions;                                    
                          wherein a portion of the axle body forms a projection                                 
                          extending radially outwardly from one of the first and                                
                          second  end  portions  of  the  axle  body,  wherein  the                             
                          projection is dimensioned and positioned to be located                                
                          externally of the bottom bracket so as to abut against a                              
                          laterally  outer  side  surface of  a  bicycle  crank  arm  to                        
                          prevent  the  bicycle  crank  arm  from  moving  axially                              
                          outwardly; and                                                                        
                          wherein the axle body is dimensioned so that the crank                                
                          arm that abuts against the projection is mounted to the                               
                          projection  by  passing  the  other  one  of  the  first  and                         
                          second end portions of the axle body through the crank                                
                          arm and passing the axle body through the crank arm                                   
                          until the crank arm is mounted to the projection.                                     
                   A copy of all of the claims on appeal can be found in the appendix to the                    
             appellant’s brief.  The examiner relies upon the following as evidence of                          
             unpatentability:                                                                                   
                    Ernest Arnold Radnall1 (“Ernest”)        GB 356,497       Sep. 10, 1931                     
                    Yamanaka                                 US 5,845,543 Dec. 08, 1998                         

                                                                                                               
             1 The examiner and the appellant referred to this reference throughout as the “Ernest” reference.  
             For purposes of clarity, we will use the same nomenclature adopted by the examiner and             
             appellant.                                                                                         




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