Ex parte VERENSKI - Page 7




          Appeal No. 1999-0639                                        Page 7           
          Application No. 08/592,109                                                   


          on the ground "with the rails vertically oriented relative to                
          the ground" and rotating the rails of the ladder system                      
          relative to the ladder shoes at least 15 degrees as claimed.                 
          Similarly, with regard to claim 13, we find no teaching in                   
          Kiska of the steps of piercing a first rail with a first                     
          curved slot while a first rail is oriented with its flange                   
          facing up and piercing a second rail with a second curved slot               
          while the second rail is oriented with its flange facing down,               
          as required by the claim.                                                    
               For all of the foregoing reasons, we shall not sustain                  
          the examiner's rejection of claims 1 through 13 under 35                     
          U.S.C. § 103 as being unpatentable over Kiska.                               






















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