Ex parte LARIVIERE - Page 13




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



          disclosure (pages 3-4) of the "common practice" involved in                 
          converting a springer fork to a low rider fork.                             


                    The only arguable difference between the springer fork            
          kit for a bicycle seen in Schwinn (e.g., Figures 2 through 7) and           
          that defined in appellant's claims 7 and 8 on appeal is the                 
          recitation that the kit is a "low rider" kit.  From appellant's             
          disclosure and the language of independent claim 7, we understand           
          this limitation to require that the bicycle be provided with a              
          longer and lower look, and that this appearance be the result of            
          said lower limbs of the front fork furcations "having a bend that           
          extends said furcations in a forward direction."  In our opinion,           
          the depiction of the bicycle in Figures 5 and 7 of Schwinn meets            
          the broadly recited requirements of a "low rider."  That is, the            
          bicycle seen in these figures has a longer and lower look, and              
          that appearance is at least in-part the result of said front fork           
          furcations having a bend in the lower half of said furcations               
          that extends said furcations in a forward direction.  Thus, we              
          consider that the fork of the Schwinn patent (e.g., Fig. 7)                 
          anticipates the broadly defined "springer fork low rider kit" of            
          appellant's claims 7 and 8 on appeal.                                       


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