Appeal No. 1999-2087
Application No. 08/595,449
Rejection II
With respect to Rejection II, the appellants, on page 4
of the brief, have indicated that claims 17 and 19 stand or
fall as a group. Thus, in accordance with 37 C.F.R. §
1.192(c)(7), we have selected claim 17 as being representative
of the claim grouping and will decide the appeal with respect
to Rejection II on the basis of that claim alone.
After considering the collective teachings of Davidson
and Goldenfeld, we must agree with the examiner that the
invention set forth in claims 17 and 19 would have been
obvious to one of ordinary skill in the art at the time of the
appellants' invention.
Claim 17 calls for an electrically power assisted bicycle
comprising, inter alia, a drive coupling a pedal assembly to a
rear wheel for manual driving of the rear wheel, “an
electrical motor extending longitudinally along one side of
one of said down and seat pipes and entirely on one side” of
the pedal assembly crank axis, battery means “extending
longitudinally along the one side of the other of said down
and seat pipes and entirely on the other side of said crank
axis” and “wherein the one of the electrical motor and battery
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