Ex Parte Tsuge - Page 8




            Appeal No. 2003-0109                                                          Page 8              
            Application No. 09/576,649                                                                        


                   All the claims under appeal recite a bicycle seating assembly comprising, inter            
            alia, first and second seating members integrated into a unitary assembly; first means            
            for mounting the first seating member in the first position which is above the bicycle            
            pedals at a distance such that the feet of the bicycle rider just reach the pedals with the       
            riders legs fully extended; and second means for mounting the second seating member               
            in the second position at a distance from the ground to permit at least one of the riders         
            feet to reach the ground beneath the bicycle.  In the rejections before us, the examiner          
            asserts that the above-noted limitations are met by Murrell and Robbin.  The appellant            
            argues (brief, pp. 3-8) that the applied prior art does not teach or suggest the above-           
            noted combination of limitations.  We find ourselves in agreement with the appellant on           
            this point.  The claims under appeal are directed to a bicycle seating assembly usable            
            with a bicycle in which the first and second seating members of the bicycle seating               
            assembly are integrated into a unitary assembly.  While the auxiliary seat and primary            
            seat of both Murrell and Robbin are integrated into a unitary bicycle, they are not               
            integrated into a unitary bicycle seating assembly usable with a bicycle as claimed.              
            Thus, even if (1) the primary seat of either Murrell or Robbin were mounted in a first            
            position which is above the bicycle pedals at a distance such that the feet of the bicycle        
            rider just reach the pedals with the riders legs fully extended; (2) the auxiliary seat of        
            either Murrell or Robbin were mounted in a second position at a distance from the                 
            ground to permit at least one of the riders feet to reach the ground beneath the bicycle;         








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007