Ex parte LARIVIERE - Page 15




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



          by which the bend extends the furcations in the forward                     
          direction.  Thus, even a relatively small amount of bend that               
          gives the bicycle of Schwinn a "longer and lower look" would                
          appear to fall within the metes and bounds of the "low rider" kit           
          as defined in these claims on appeal.                                       


                    We have considered appellant's arguments in the brief             
          and the reply brief as they may apply to the new grounds of                 
          rejection above, however, for the reasons advanced in those new             
          grounds of rejection we remain of the view that the claimed                 
          subject matter as set forth in claims 7 and 8 on appeal is                  
          anticipated by Schwinn, or would have been obvious to the person            
          of ordinary skill in the art based on Schwinn and the applied               
          acknowledged prior art teachings.                                           


                    In summary, the decisions of the examiner rejecting               
          claims 1, 2, 7 and 8 under 35 U.S.C.  102(b) based on Smith and            
          rejecting claims 1 through 16 and 18 under 35 U.S.C.  103                  
          relying on Smith as the primary reference are reversed.  However,           
          as provided for in 37 CFR  1.196(b), a new rejection of appealed           



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