Ex parte EEKHOFF - Page 5




          Appeal No. 2000-1489                                       Page 5           
          Application No. 09/188,421                                                  


               The appellant argues (brief, pp. 5-6) that the vehicle                 
          access ramp of Vartanian is permanently affixed to the vehicle              
          in which it is placed and thus there is absolutely no                       
          suggestion whatsoever in Vartanian that the ramp could be                   
          removably positioned within the doorway to enable the ramp to               
          be completely removed therefrom so that the service van may be              
          used for other purposes.  The appellant then concludes that it              
          would not have been obvious to provide the ramp structure                   
          described in claims 1 and 5 based upon the teachings of                     
          Vartanian.  We do not agree for the reasons that follow.                    


               Vartanian's invention relates to a foldable vehicle wheel              
          chair ramp which can be deployed, swung out of the way, and                 
          stowed in a vehicle, by means of a ramp mounting with mutually              
          perpendicular alternative pivot axes.  Vartanian teaches                    
          (column 1, line 61, to column 2, line 2) that                               
                    [t]here is a need for a vehicle access ramp which                 
               can function in the manner of ramps of the type stowed in              
               doorways, preferably including plural folded panels, but               
               does not block the doorway when stowed. For this purpose               
               the ramp of the invention has alternative pivot axes,                  
               namely, a horizontal pivot used to deploy the ramp                     
               downwardly to the ground for wheelchair access, and also               
               a vertical pivot which allows the stowed ramp to be swung              








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