Appeal No. 1997-3340 Page 2
Application No. 08/323,500
consideration under 37 CFR § 1.142(b) as being directed to a non-elected invention. Claim 2
has been indicated as allowable and claims 12 and 13 have been objected to as being dependent
on a rejected claim. No other claims remain pending in this application. The only amendment
after final rejection filed in this application (Paper No. 23) has not been entered. We reverse.
BACKGROUND
The appellant's invention relates to a clipless bicycle pedal including a binding
mechanism having a clamping member and an engaging member for engaging and clamping a
binding plate which is fixed to the sole of a rider's shoe. A biasing mechanism is integrated
with the binding mechanism to bias the clamping member and engaging member in such a way
that the binding plate is secured to the binding mechanism (specification, page 3). A copy of
the claims on appeal appears in the appendix to the appellant's reply brief (Paper No. 31).
The prior art reference of record relied upon by the examiner in rejecting the appealed
claims is:
Ogino Japanese Abstract 03-34987 Aug. 15, 19893
(unexamined utility model patent application)
An English language translation of this abstract, prepared by the Patent and Trademark Office, is3
appended hereto. In determining the teachings of the Ogino abstract, we have relied upon both the appended PTO
translation and the unofficial translation supplied by appellant (Paper No. 5) in parent application No. 08/044,837,
which are consistent with one another.
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