Ex parte GALBRAITH et al. - Page 2




            Appeal No. 2001-1915                                                          Page 2              
            Application No. 09/362,590                                                                        


                                               BACKGROUND                                                     
                   The appellants’ invention relates to a mounting bracket for mounting a luggage rack        
            on a motorcycle.  An understanding of the invention can be derived from a reading of              
            exemplary claim 1, which appears in the appendix to the Brief.                                    
                   The prior art references of record relied upon by the examiner in rejecting the            
            appealed claims are:                                                                              
            Abram                                  4,030,750                 Jun. 21, 1977                    
            Wright                                 5,984,331                 Nov. 16, 1999                    
                   Claims 1, 4, 8-11 and 15-17 stand rejected under 35 U.S.C. § 103 as being                  
            unpatentable over Wright in view of Abram.                                                        
                   Rather than reiterate the conflicting viewpoints advanced by the examiner and the          
            appellants regarding the above-noted rejection, we make reference to the Answer (Paper            
            No. 10) for the examiner's complete reasoning in support of the rejection, and to the Brief       
            (Paper No. 9) for the appellants’ arguments thereagainst.                                         
                                                  OPINION                                                     
                   In reaching our decision in this appeal, we have given careful consideration to the        
            appellants’ specification and claims, to the applied prior art references, and to the             
            respective positions articulated by the appellants and the examiner.  As a consequence of         
            our review, we make the determinations which follow.                                              










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