Ex parte GILLIS et al. - Page 5




          Appeal No. 97-1143                                                          
          Application 08/115,881                                                      


               Claim 1 calls for a ladder stand comprising, inter alia,               
          a base having a front and rear, a plurality of stair treads                 
          supported on and extending upward from the base, a first wheel              
          set mounted at the front of the base, and a second wheel set                
          mounted approximately midway between the front and rear of the              
          base.                                                                       
               According to the examiner:                                             
               Rice shows the claimed stand with the exception of the                 
               location of the second wheel set, and the swivel front                 
               set of wheels, and the rear wheels as set forth in claim               
               2.  Covert at (b') shows a second wheel set located as                 
               claimed which enables a turning radius of approximately                
               half the length of his base.  Borgman shows a stand with               
               a front set of swivel wheels to facilitate steering, and               
               a rear support                                                         
               wheel set to facilitate transporting.  It would have been              



               obvious to one of ordinary skill in the art to modify                  
               Rice for his front wheels to be rotatable as claimed to                
               facili-tate steering, to comprise wheels at his rear                   
               support to facilitate transporting, and to locate his                  
               second wheel set as claimed to decrease his turning                    
               radius.  [answer, pages  2 and 3]                                      
               It is appellants' position that Covert not only fails to               
          suggest or provide any motivation for modifying Rice to                     
          include a second wheel set mounted on the base approximately                
          midway between the front and rear thereof as called for in                  
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