Ex parte ENGLANDER - Page 11




          Appeal No. 1999-2094                                      Page 11           
          Application No. 08/517,198                                                  


              Based on our analysis and review of Mottino and claim 14,              
          it is our opinion that the only difference is the limitation                
          that the bicycle holder mountable on a carrier device on a                  
          vehicle includes                                                            
               resilient means for urging the leg to the transport                    
               position when the leg is pivoted upward toward the                     
               transport position after passing a first predetermined                 
               angle above the 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."                      


               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.  Additionally, it is our view that this                   
          modification of Mottino does arrive at the claimed invention.               
          As set forth above, we agree with the appellant that Vanzant                
          and Will only teach and suggest urging only in the direction                








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