Ex parte SUZUKI et al. - Page 7




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


             substantially forwardly of the rotational axis of the rear                                           
             wheel of the bicycle.  See answer,                                                                   
             p. 4.  Our review of the reference reveals that the reference                                        
             also discloses a battery-case 7 for storing the battery in a                                         
             compact and secure manner in the space defined by the standing                                       
             pipe 1, main pipe 2, sheet stays 3 and splash guard 4 and a                                          
             locking device 11 permitting the battery case to be freely                                           
             removed when necessary to change or recharge the battery.  See                                       
             p. 2.                                                                                                
                   Based on the combined teachings of the applied prior art,                                     
             the examiner determined (answer, p. 4) that                                                          
                    [i]t would have been obvious to one of ordinary                                               
                    skill in the art at the time of the invention to                                              
                    provide the bicycle of Murphy with a battery means                                            
                    positioned along the seat tube and rearward of the                                            
                    seat tube, in view of Japanese Patent No. 60-7995,                                            
                    in order to provide a suitable location for mounting                                          
                    the batteries which are necessary for operation of                                            
                    an electrically powered bicycle.                                                              










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