Ex parte VERENSKI - Page 2




          Appeal No. 1999-0639                                        Page 2           
          Application No. 08/592,109                                                   


                                      BACKGROUND                                       
               The appellant's invention relates to a ladder system, a                 
          ladder rail, a method of climbing the ladder and a method of                 
          forming the ladder.  Of importance to the appellant is the                   
          provision of a non-linear (curved) slot in the ladder rail of                
          the invention for pivotal attachment of a ladder shoe.  An                   
          understanding of the invention can be derived from independent               
          claims 1, 10, 11 and 13, which are reproduced in the appendix                
          to the appellant's brief.                                                    


               The prior art reference of record relied upon by the                    
          examiner in rejecting the appealed claims is:                                
          Kiska               5,370,203                 Dec. 6, 1994                   

               The following rejections are before us for review.                      


               Claims 1 through 13 stand rejected under 35 U.S.C. § 103                
          as being unpatentable over Kiska.                                            


               Reference is made to the brief (Paper No. 9) and the                    
          answer (Paper No. 10) for the respective positions of the                    








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