Appeal No. 1999-1506
Application 08/815,151
which locks to the interior of the ladder rungs (col. 2, line
62, to col. 3, line 3). The ladder rungs of Benninger are not
disclosed as having an "irregular inner surface," as recited,
but this is not material to the question of patentability,
since the ladder is not included as part of the claimed
apparatus. At the second (outer) end of body member 62 is
attached a knob 48, which has outer peripheral projections
formed by grooves 50, 52 (see Figs. 3 and 4). This knob 48
constitutes a "torque applying and retaining means" as recited
in claim 30, for although Benninger does not disclose that
body member 62 is rotated about its central longitudinal axis,
knob 48 clearly would be capable of so rotating the member 62,
and "[i]t is well settled that the recitation of a new
intended use for an old product does not make a claim to that
old product patentable." In re Schreiber, 128 F.3d 1473,
1477, 44 USPQ 1429, 1431 (Fed. Cir. 1997). See also In re
Casey, 370 USPQ 576, 580, 152 USPQ 235, 238 (CCPA 1967)(the
manner or method in which a machine is to be utilized is not
germane to the issue of patentability of the machine itself).
Therefore, since all the structure recited in claim 30 is
readable on the apparatus disclosed by Benninger, rejection
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