Ex parte LARIVIERE - Page 9




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



          by the examiner, and not as being susceptible to a broad                    
          construction that would be readable on the simple shock absorbing           
          bicycle front end seen in Smith.  Appellant's own specification             
          (at page 3, lines 29-31) supports the argued construction of the            
          term "springer fork" by indicating that the "springer fork" was             
          originally made by Schwinn and that other manufacturers are                 
          presently manufacturing a replica of the Schwinn springer fork.             
          Given the art-recognized understanding of what constitutes a                
          "springer fork," it is clear that Smith does not teach or                   
          disclose such a structure and cannot be said to anticipate under            
          35 U.S.C. § 102(b) the "springer fork low rider kit" defined in             
          appellant's claim 7 on appeal.                                              


                    In accordance with the foregoing, the examiner's                  
          rejection of claims 1, 2, 7 and 8 under 35 U.S.C. § 102(b) based            
          on Smith will not be sustained.                                             


                    As for the rejection of claims 3 through 6 and 9                  
          through 16 under 35 U.S.C. § 103 as being unpatentable over Smith           
          in view of Clark, Isaac and Fuller, we have carefully reviewed              
          the teachings of Clark, Isaac and Fuller, however, we find                  


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