Ex parte GILLIS et al. - Page 9




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


          the combined teachings of Rice and Covert that we have noted                
          above would not be overcome.                                                


               Since all of the limitations of claim 1 would not have                 
          been suggested by the applied prior art, we will not sustain                
          the rejection of independent claim 1 under 35 U.S.C. § 103                  
          over Rice in view of Covert and Borgman.                                    
               Claims 2 and 4 through 6 are dependent on claim 1 and                  
          contain all of the limitations of that claim.  Accordingly,                 
          the examiner’s rejection of claims 2 and 4 through 6 under 35               
          U.S.C.                                                                      
          § 103 will not be sustained.                                                
          Rejection (2)                                                               
               Claim 10 recites a ladder stand comprising, inter alia, a              
          base having front and rear ends, a plurality of stair treads                
          supported on and extending upward from the base, a first wheel              
          set mounted proximate the front of the base, and a retractable              
          second wheel set having a larger diameter than the first wheel              
          set and mounted approximately midway between the front and                  
          rear of the base.                                                           
               Berry teaches that carpeted areas present a problem for                
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