Ex parte LARIVIERE - Page 12




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



          "springer fork" arrangement of the type seen in Schwinn, we share           
          appellant's view (brief, page 32) that such a total                         
          reconstruction of the front fork assembly and steer post of                 
          Smith, along with the other modifications proposed by the                   
          examiner in her rejection, is based on the hindsight benefit                
          provided by appellant's own application disclosure and not on any           
          teaching, suggestion or incentive provided by the references                
          themselves. Thus, we will not sustain 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, or that of claims 7                  
          through 16 and 18 under 35 U.S.C.  103 based on Smith in view              
          of Georgiev, Moulton, Clark and Isaac as applied to claims 1-6              
          above, and further in view of Schwinn.                                      


                    In accordance with our authority under 37 CFR                     
           1.196 (b), we enter the following new rejection of claims 7               
          and 8 under 35 U.S.C.  102(b)/103.                                        


          Claims 7 and 8 are rejected under 35 U.S.C.  102(b)/103 as                
          being anticipated by Schwinn, or in the alternative as being                
          obvious over Schwinn when considered in light of appellant's                


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