Ex parte GILLESPIE - Page 4




                 Appeal No. 1999-1506                                                                                                                   
                 Application 08/815,151                                                                                                                 


                 Dictionary available to us  is "to make fast or rigid by the2                                                                                       
                 engaging of parts or the action of a restraint, esp.                                                                                   
                 friction."  Whether one applies this definition or the                                                                                 
                 definition quoted by appellant, supra, the upturned portion 12                                                                         
                 of the Blann support cannot be said to "lock" the support to                                                                           
                 the ladder rung, since it merely hooks onto the end of the                                                                             
                 rung and does not fasten them together or make them "fast or                                                                           
                 rigid".  Accordingly, since Blann does not disclose a locking                                                                          


                 means as claimed, neither rejection (1) nor rejection (3) will                                                                         
                 be sustained.           3                                                                                                              
                                                        Rejections (2) and (4)                                                                          
                          Considering claim 30 in relation to the Benninger patent,                                                                     
                 we find that Benninger discloses a ladder arm type of support                                                                          
                 having an elongate substantially cylindrical body member 62                                                                            
                 which near its first (inner) end carries a locking means 68                                                                            


                          2Webster's Third New International Dictionary (1971).                                                                         
                          3We note that rejection (3) would not be sustainable in                                                                       
                 any event, since claim 33 is dependent on claim 32 and the                                                                             
                 examiner does not point out, nor do we find, any disclosure in                                                                         
                 Blann of a locking means with screw thread means as called for                                                                         
                 by claim 32.                                                                                                                           
                                                                         -4-                                                                            





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