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 NextLast modified: November 3, 2007