Appeal No. 97-2722 Page 8
Application No. 08/329,840
art. See, e.g., Grain Processing Corp. v. American
Maize-Products Co., 840 F.2d 902, 907, 5 USPQ2d 1788, 1792
(Fed. Cir. 1988).
Claim 1, the only independent claim on appeal, recites a
combined rack and storage device for a bicycle comprising,
inter alia, an elongated hollow body having a front end and a
rear open end, clamp means at the front end of the body for
attaching the device to the bicycle seat post so that the body
is cantilevered therefrom in substantially a horizontal
position, closure means at the rear open end for forming a
closed but accessible storage compartment, and frame means
attached to the body and extending outwardly therefrom for
supporting and carrying items.
The examiner determined (answer, pp. 3 and 5) that both
primary references (i.e., Shockley and the French reference
112,504) disclose a combined rack and storage device for a
bicycle but that each lack means for attaching their hollow
body to the seat post in a cantilevered manner. The examiner
then concluded that it would have been obvious to modify the
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