Appeal No. 2005-2529 Application No. 10/154,140 an end cap coupled to a second end of said sleeve; and a bias member operatively associated with said bias member retainer housing and said end cap for biasing said bias member retainer housing away from said end cap and absorbing energy during impact of said end cap, wherein said bias member retainer housing is adapted to prevent said bias member from entering said cavity when a force insufficient to cause compressive failure of rubber is applied to said bias member retaining housing, and is adapted to permit said bias member to enter said cavity when a force minimally sufficient to cause compressive failure of rubber is applied to said bias member retaining housing. The examiner relies upon the following reference as evidence of obviousness: Fenton 627,227 June 20, 1899 Appellants' claimed invention is directed to a handlebar safety device comprising a bias member that enters the cavity of the handlebar when a force sufficient to cause a traumatic abdominal wall hernia (TAWH) in a human being is applied to the housing retaining the bias member. The retainer housing can be made of plastic or rubber. Appealed claims 13-15, 17-20, 22, 24-26 and 28 stand rejected under 35 U.S.C. § 112, second paragraph. Claims 1, 3, 4, 6, 8-10, 12-15, 17, 19, 20, 22-26, 28 and 30 stand rejected under 35 U.S.C. § 103(a) as being unpatentable over Fenton. Appellants have not separately grouped nor offered separate arguments for the claims on appeal. Accordingly, the appealed -2-Page: Previous 1 2 3 4 5 6 7 8 NextLast modified: November 3, 2007