Appeal No. 1998-1537
Application No. 08/134,916
and such evidence indicates that prior to appellants'
invention, those of ordinary skill did not know how to make
the claimed frame structure; for example, Exhibit 12 states 5
that "Trek[ ] has wrestled with and seemingly solved the6
carbon lug puzzle with the development of an astonishing
vacuum-forming process," and Exhibit 14 describes the carbon 7
fiber lugs of the Trek 5500 bicycle as "a breakthrough for
framebuilding in general."
Accordingly, the rejection of claim 1 will not be
sustained. Likewise, we will not sustain the rejection of
independent claims 27, 32, 36 and 46, nor the rejection of
dependent claims 4, 21, 28, 29, 34 and 35, to which the above
discussion is equally applicable.
structure (answer, page 14), but even if this characterization
is correct, the evidence still tends to show that a method of
making the claimed structure was not known to those skilled in
the art.
5Doug Roosa, "Carb Fiber," The Middle/Carbon Fiber, 56-59
(Aug. 18, 1992).
6Trek Bicycle Corp. is the assignee of the present
application (brief, page 2).
7Keith Mills, "Trek 5500," Bicycle Guide, 51-55 (July
1992).
12
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