Ex parte SUZUKI et al. - Page 2




                 Appeal No. 1999-2087                                                                                                                   
                 Application No. 08/595,449                                                                                                             


                 (Paper No. 40), the examiner has indicated that the rejections                                                                         
                 of claims 21, 23 through 25, 27 and 28 have been withdrawn and                                                                         
                 that claims 21 and 23 through 25 are now allowed and that                                                                              
                 claims 27 and 28 contain allowable subject matter.  During the                                                                         
                 telephonic oral hearing, counsel for the appellants withdrew                                                                           
                 the appeal with respect to claims 16, 18 and 26.  Accordingly,                                                                         
                 the appeal with respect to claims 16, 18, 21 and 23 through 28                                                                         
                 is dismissed.  Claims 1, 3 through 5, 17 and 19 remain on                                                                              
                 appeal.                                                                                                                                
                          We AFFIRM.                                                                                                                    
                          The subject matter on appeal is directed to an                                                                                
                 electrically power assisted bicycle.  An understanding of the                                                                          
                 invention can be derived from a reading of exemplary claim 1,                                                                          
                 which appears in the appendix to the brief (Paper No. 39).                                                                             
                          The prior art references of record relied upon by the                                                                         
                 examiner in rejecting the appealed claims are:                                                                                         
                 Davidson et al. (Davidson)    4,085,814                                          Apr. 25, 1978                                         
                 Goldenfeld                                            4,637,274    Jan. 20, 1987                                                       
                 Murphy et al. (Murphy)        5,242,028    Sep. 07, 1993                                                                               
                 Sugiura et al. (JA 60-7995)                                    60-7995    Mar. 19, 19851                                               

                          1In determining the teachings of JA 60-7995, we will rely                                                                     
                 on the translation provided by the PTO.  A copy of the                                                                                 
                                                                                                            (continued...)                              
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