Ex Parte Denby - Page 2



           Appeal No. 2006-1745                                                   Page 2             
           Application No. 10/010,361                                                                


                                          BACKGROUND                                                 
                 The appellant's invention relates to a quick release assembly for attaching a       
           removable part to a frame and, more particularly, to a quick release hub assembly         
           for a bicycle (present specification, p. 1).  A copy of the claims under appeal is set    
           forth in the appendix to the appellant's brief.                                           
                 The examiner relies upon the following as evidence of unpatentability:              
           Brown    2,720,804   Oct. 18, 1955                                                        
           Denby    5,875,662   Mar. 2, 1999                                                         

                 The following rejection is before us for review.                                    
                 Claims 20-38 stand rejected under 35 U.S.C. § 103(a) as being unpatentable          
           over Denby in view of Brown.                                                              
                 Rather than reiterate the conflicting viewpoints advanced by the examiner           
           and the appellant regarding this appeal, we make reference to the examiner's              
           answer (mailed November 21, 2003) for the examiner's complete reasoning in                
           support of the rejection and to the appellant's brief (filed September 15, 2003) for      
           the appellant's arguments thereagainst.                                                   
                                                OPINION                                              
                 In reaching our decision in this appeal, we have given careful consideration        
           to the appellant's specification and claims, to the applied prior art, and to the         
           respective positions articulated by the appellant and the examiner.  For the reasons      
           that follow, we cannot sustain the examiner’s rejection.                                  







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