Appeal No. 1999-2094 Page 7
Application No. 08/517,198
that the apparatus for carrying a bicycle on a vehicle roof
includes
means for urging the holder to the transport position
from the loading and unloading position, the urging means
including at least one resilient means attached between
the holder and the carrier device, when the holder is in
the loading and unloading position, the resilient means
acting to pivot the holder in a clockwise direction to
urge the holder to be retained in the loading and
unloading position.
With regard to this difference, the examiner determined
(answer, p. 3) that "it would have been obvious to provide the
carrier of Mottino with resilient means as shown by Vanzant
and Will for allowing easier movement of the carrier."
While we agree with the examiner that it would have been
obvious at the time the invention was made to a person having
ordinary skill in the art to have modified the carrier of
Mottino by providing it with resilient means as shown by
Vanzant and Will, this modification of Mottino does not arrive
at the claimed invention. In this regard, we agree with the
appellant (brief, pp. 11) that the resilient/urging means of
Vanzant (i.e., gas cylinder 52) and the resilient/urging means
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