Ex parte LARIVIERE - Page 8




          Appeal No. 96-0324                                                          
          Application 08/045,747                                                      



          said long fork into a 20 inch curved fork that is usable on a               
          stock 20 inch bicycle frame with 20 inch wheels on the front                
          and rear, and which provides the illusion of a longer and lower,            
          low-rider look, but maintains the same standard safe ground                 
          clearance of the frame and the pedals as existed before the                 
          specially bent fork was added thereto.  Note particularly,                  
          page 4, lines 6-10, lines 17-19 and lines 29-30; page 5,                    
          lines 3-6; page 8, lines 15-20; and page 11, lines 10-12 of                 


          appellant's specification.  Given that there is no disclosure in            
          Smith which addresses the structural limitation of claim 1                  
          concerning converting a long fork to a twenty inch fork, we fail            
          to see how Smith can be said to anticipate the invention as                 
          defined in appellant's claim 1 on appeal.                                   


                    With further regard to independent claim 7, we are in             
          agreement with appellant's argument on pages 6-7 of the brief               
          that the term "springer fork" is a standard term in the bicycle             
          art which would be recognized by one of ordinary skill in the art           
          as identifying the type of fork assembly shown generally in                 
          appellant's Figure 6 and in the Schwinn patent cited and applied            


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