Ex Parte Hanagan - Page 5



              Appeal 2006-3327                                                                                           
              Application 10/137,582                                                                                     
                                                FINDINGS OF FACT                                                         
                     We find the following facts by a preponderance of the evidence:                                     
                     Hanagan discloses a backrest 22 that is mounted to a platform member 12 of                          
              a tandem motorcycle seat 10 in such a manner that the backrest 22 is movable from                          
              a driver seat portion 18 to passenger seat portion 20 (Hanagan, col. 1, ll. 43-62).                        
                     Hanagan discloses that a locking screw 67 is used to install the backrest 22                        
              in the passenger seat portion 20 of the saddle (Hanagan, Figure 7 and col. 4, l. 66 –                      
              col. 5, l. 7).                                                                                             
                     Uchida discloses a motorcycle seat 7 that is pivotably attached at one side                         
              thereof by hinge members 6 so that the seat can be raised or lowered to uncover                            
              and cover, respectively, the open portion of a housing section 3 (Uchida, col. 1, ll.                      
              47-51).                                                                                                    
                     Uchida discloses that the housing section 3 can accommodate a tool box 4                            
              and a storage battery 5 (Uchida, col. 1, ll. 45-46).                                                       
                     Uchida discloses that the seat 7 can be lowered and locked, so that a hook                          
              member 14, which is hooking a buckle 13 of an article such as a helmet 12, is                              
              covered by the seat 7 so that the buckle 13 cannot be unhooked and is thus resistant                       
              to theft (Uchida, col. 2, ll. 12-19).                                                                      
                     Uchida teaches that the invention allows an article such as a helmet to be                          
              easily hooked on the vehicle body and rendered theft resistant by lowering the seat                        
              (Uchida, col. 2, ll. 56-60).                                                                               
                     Uchida further teaches that the seat can also be used for safe storage of                           
              articles housed in the vehicle body (Uchida, col. 2, ll. 63-65).                                           

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