Appeal No. 1997-3340 Page 9
Application No. 08/323,500
for pivoting about the axis of the pedal shaft of a pedal crank arm. Further, the elastic
members (7) are biased toward the front plate engaging hook (6) by the elasticity of the
elements (7), allowing secure engagement of the binding plate and the pedal. However, as
pointed out by appellant (brief, page 26), the biasing action in Ogino, accomplished by the
elastic action of the members (7), occurs locally across two different axes parallel to and on
opposite sides of the pedal shaft and not about a common axis, as required by claim 22. In
other words, Ogino lacks a common biasing means for biasing the plate engaging means
relative to the plate clamping means about the pedal shaft axis such that the plate engaging and
clamping means are biased toward each other about the pedal shaft axis. Thus, we conclude
that the Ogino abstract does not anticipate claim 22. Accordingly, we shall not sustain the
examiner's rejection of claim 22 or claims 38 and 40 which depend therefrom.
As to claim 23, the Ogino abstract lacks binding plate engaging means and clamping
means which are configured to rotate relative to each other "about a common axis but in
opposite angular directions" as required by the claim. Therefore, we also shall not sustain the
examiner's rejection of claim 23 or claims 24-28, 32, 36 and 37 which depend therefrom.
The obviousness rejections
In rejecting claims 1, 3, 4, 6, 7, 10, 11, 14-17, 20-28, 32, 34-38 and 40 under 35
U.S.C. § 103, the examiner (final rejection, pages 9 and 10) asserts that
. . . [the Ogino abstract] teaches the invention substantially as claimed. See
the attached exhibit. However, [the Ogino abstract] forms the biasing means,
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