Ex parte LARIVIERE - Page 11

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

          would have been obvious, absent any reasonable suggestion or                
          incentive recognized in the art, to merely provide the bicycle              
          of Smith with wheels of different sizes and, more particularly,             
          to provide the bicycle of Smith with 20 inch wheels.  This                  
          determination stems from our earlier determination that Smith               
          fails to teach or suggest the structural limitation of                      
          appellant's claim 1 concerning converting "a long fork to a                 
          twenty inch fork" and thereby providing the illusion of a longer            
          and lower, low-rider look, while maintaining the same standard              
          safe ground clearance of the frame and the pedals as existed                
          before the specially bent fork was added thereto.  None of the              
          additionally applied references addresses or suggests such a                
          conversion either.  We also again mention the other above-noted             

          of Smith with regard to the lack of "tubular furcations" and                
          "struts" therein, which deficiencies have not been addressed by             
          the examiner.                                                               

                    As for the examiner's proposal to alter the simple                
          shock absorbing front end of the bicycle in Smith to be a                   


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Last modified: November 3, 2007