Appeal No. 95-2768
Application 08/019,700
nonelected invention.
The subject matter in issue concerns a bicycle carrier
adapted to be mounted on the rear of a vehicle. The claims on
appeal are reproduced in the appendix hereto.
The references applied by the examiner in rejecting the
appealed claims are:
Kamaya 4,770,329 Sep. 13, 1988
Blackburn et al. 5,056,700 Oct. 15, 1991
(Blackburn)
Piretti 5,118,020 Jun. 2, 1992
Claims 14, 17, 18 and 28 to 30 stand rejected under 35 USC
§ 103 as unpatentable over Kamaya, Blackburn and Piretti.
The basis of the rejection, as stated on pages 4 to 5 of the
supplemental examiner’s answer (Paper No. 25), is:
As seen in figure 1, Kamaya discloses a
cradle (support 3) for retaining articles on
a carrier with a strap which will normally
extend upward, however, Kamaya does not show
the cradle on a bicycle carrier with
extending arm members. Blackburn et al and
Piretti show that cradle members are used on
bicycle carriers to support bicycles. It
would have been obvious to utilize the cradle
of Kamaya on other carriers such as those
shown by Blackburn et al and Piretti for
securing the held article with a one piece
retaining member which provides for easier
manufacture. When tightened, the cradle will
have a frictional grip on the carrier as
2
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