Ex parte LARIVIERE - Page 10




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



          nothing therein which can be said to provide for the deficiencies           
          of the primary reference to Smith as noted above in our                     
          discussion of the examiner's rejection of claims 1, 2, 7 and 8.             
          That is, even if the Smith patent were modified in the manner               
          urged by the examiner on pages 4-5 of the examiner's answer (a)             
          to include a dropout feature with a built-in washer and raised              
          lips, (b) to make the fork of "high strength material," and (c)             
          to have a threaded fastener affixed to the steer tube for                   
          fastening a fender, the result would not be the subject matter as           
          defined in appellant's claims 1 through 6 and 7 through 16 on               
          appeal.                                                                     


          Accordingly, the examiner's rejection of these claims under                 
          35 U.S.C.  103 will not be sustained.                                      


                    Turning to the examiner's rejection of claims 1                   
          through 6 under 35 U.S.C.  103 based on Smith in view of                   
          Georgiev, Moulton, Clark and Isaac, and that of claims 7                    
          through 16 and 18 based on Smith in view of Georgiev, Moulton,              
          Clark and Isaac as applied to claims 1-6 above, and further in              
          view of Schwinn, we do not share the examiner's view that it                


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