Appeal No. 1999-2087
Application No. 08/595,449
In applying the test for obviousness, we reach the 3
conclusion that it would have been obvious to one having
ordinary skill in the art, from a combined assessment of the
Murphy and
JA 60-7995 teachings, to provide the electrically power
assisted bicycle of Murphy with a battery case for storing the
batteries necessary to power Murphy’s electric motor and with
a locking device positioned in the space defined by the seat
pillar and splash guard as taught by JA 60-7995. In our view,
one of ordinary skill in the art would have been motivated to
so modify the bicycle of Murphy in order to obtain the
advantages of the battery case and locking device specifically
disclosed in the
JA 60-7995 reference, namely, a compact and secure battery
storage arrangement which also provides easy access to the
batteries for replacement or recharging.
3The test for obviousness is what the combined teachings
of the references would have suggested to one of ordinary
skill in the art. See In re Young, 927 F.2d 588, 591, 18
USPQ2d 1089, 1091 (Fed. Cir. 1991) and In re Keller, 642 F.2d
413, 425,
208 USPQ 871, 881 (CCPA 1881).
-8-8
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