Ex Parte Swift - Page 2



          Appeal No. 2004-2239                                                        
          Application No. 09/975,417                                                  

               The subject matter on appeal relates to a “flip-flop                   
          bicycle pedal.”  Further details of this appealed subject matter            
          are recited in representative claim 5 reproduced below:                     
                    5.  A flip-flop bicycle pedal, comprising:                        
                    a. a main body pivotable about a transverse                       
                         axis and having a spindle bolt for                           
                         connecting to a bicycle, a top side and a                    
                         bottom side;                                                 
                    b. said top side having a first top toe cleat                     
                         clamp which conforms to a bottom of a road                   
                         type bicycle shoe cleat, the first top toe                   
                         cleat clamp having a front recess for                        
                         receiving a front tongue of the road type                    
                         bicycle shoe cleat, said top side also                       
                         having a first top rear spring-loaded                        
                         retaining plate pivotable on said main body,                 
                         the first top rear spring-loaded retaining                   
                         plate having a recess for receiving a rear                   
                         tongue of the road type bicycle shoe cleat                   
                         and when a force is applied to the first top                 
                         rear spring-loaded retaining plate, the                      
                         first top rear spring-loaded retaining plate                 
                         moves away from said main body such that the                 
                         rear tongue engages the recess of the first                  
                         top rear spring-loaded retaining plate,                      
                         where the first top rear spring-loaded                       
                                                                                     
               which if the Patent Office Board of Appeals will                       
               accept them based on the Applicant’s arguments, should                 
               certainly bring the present invention into condition                   
               for allowance...                                                       
          Regarding the appellant’s proposed amendment, the examiner held             
          that the proposed changes to the claims raise new issues                    
          requiring further consideration and/or search and thus would not            
          be entered for purposes of this appeal.  (Examiner’s answer                 
          mailed Apr. 5, 2004, p. 2.)  The appellant did not file a timely            
          petition to challenge the examiner’s decision regarding this                
          proposed amendment.                                                         

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