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(Paper No. 40), the examiner has indicated that the rejections of claims 21, 23 through 25, 27 and 28 have been withdrawn and that claims 21 and 23 through 25 are now allowed and that claims 27 and 28 contain allowable subject matter.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...) -2-2Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007