Ex Parte Odom - Page 4



          Appeal No. 2005-0028                                                        
          Application No. 09/489,602                                                  

          having a second crank end connected with respect to the spindle             
          shaft end and a second distal end terminating at the pedal                  
          attachment area (4); and wherein the second distal end is                   
          connected with respect to the first distal end to form an angle             
          between the second arm and the first arm.  Although Schmidt does            
          not expressly so state, it appear that the crank arm structure              
          (1) is cast and forged to obtain the configuration seen in                  
          Figures 1 and 2 of the patent.                                              

          When compared with the bicycle crank structure defined in                   
          the claims before us on appeal, the examiner notes (e.g., final             
          rejection, page 3) that Schmidt “fails to show each arm having a            
          hollow cross-section and the first and second arms comprising a             
          multi-piece assembly wherein the pieces are bonded together.”  To           
          account for these differences, the examiner turns to Bezin,                 
          urging that this patent teaches, in Figures 11-16, a bicycle                
          crank structure projecting from a spindle shaft end and                     
          comprising an arm (1g) having a hollow cross-section (Fig. 13),             
          and wherein the crank structure comprises a multi-piece assembly            
          (1g-3g) that is bonded together.                                            


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