Appeal No. 2000-1489 Page 8
Application No. 09/188,421
After the scope and content of the prior art are
determined, the differences between the prior art and the
claims at issue are to be ascertained. Graham v. John Deere
Co., 383 U.S. 1, 17-18, 148 USPQ 459, 467 (1966).
Based on our analysis and review of Vartanian and claims
1 and 5, it is our opinion that there is no difference. The
only possible distinction between Vartanian and claims 1 and 5
raised by either the examiner or the appellant is the
limitation that the upper end of the upper deck is removably
pivotally secured, about a horizontal axis, to the base plate.
It is our view that this limitation is met by Vartanian. In
that regard, clearly Vartanian's upper end of the upper deck
(i.e., ramp section 13) is pivotally secured, about a
horizontal axis (i.e., the axis of hinge 19), to the base
plate (i.e., plate 11 secured to base plate 18). Thus, the
question that remains is whether or not Vartanian's ramp
section 13 is removably pivotally secured, about the axis of
hinge 19, to the base plate (i.e., plate 11 secured to base
plate 18). Since Vartanian's ramp is assembled in the vehicle
doorway, it is our opinion that the ramp is inherently capable
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