Ex parte DELEON et al. - Page 4




              Appeal No. 97-1777                                                                                           
              Application 08/328,708                                                                                       


              Aarons describes the apparatus as follows:                                                                   
                           Referring first to FIG. 1, an angle-iron bar 10 has L-shaped forwardly-                        
                     extending rigid side pieces 11 at each end, an inverted hook 12 being                                 
                     attached to the top of each upright of side pieces 11.  A transverse support                          
                     member 13, also in the form of an angle-iron bar, joins the outer ends of                             
                     hooks 12.  Short horizontal extensions 14 of hooks 12 extend beyond                                   
                     support member 13.                                                                                    
                            The length of bar 10 and support member 13 are such that a ladder of                           
                     any normal width may be placed between extensions 14.                                                 
                            As shown in FIG. 2, the bracket is placed in a gutter 15 with bar 10                           
                     against the lower rear part of the gutter and the hooks 12 passing over the                           
                     front edge 16 of the gutter.  It will be noted that the bracket is so                                 
                     dimensioned that hooks 12 do not contact edge 16.                                                     
                     A ladder 17 is shown supported by support member 13 and lying                                         
              between extensions 14.                                                                                       
                            Force from ladder 17 is exerted directly through bar 10 of the bracket                         
                     against the rear inside surface of the gutter, backed by fascia 18 attached to                        
                     roof rafter 19 and not on any other part of the gutter 15.  No damage to the                          
                     gutter structure or paint can therefore occur.  Extensions 14 prevent the                             
                     ladder moving sideways off the bracket [page 3].                                                      
                     Wigington “relates to a device for reinforcing and protecting a gutter with a ladder                  
              leaning against the gutter” (column 1, lines 5 through 7).  In Wigington’s words,                            
                     [a] gutter guard device (A) is disclosed which includes an elongated, tubular                         
                     frame (B) formed by a rolled and stamped sheet metal construction.  The                               
                     stamping process defines transverse bracing webs (30) and vertical flanges                            
                     (32) which brace between front and rear tubular braces (10, 14).  Pivotal legs                        
                     (22, 24) carried by frame (B) allow for easy installation of the guard in a                           
                     gutter (12).  Spaced indicator brackets (26, 28) assist the support of the front                      
                     of the frame while providing visibility to determine location of the frame from                       
                     the ground.  A ladder may be leaned against the gutter between the indicator                          

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