Ex parte TAKAHASHI - Page 2




          Appeal No. 2000-0031                                                        
          Application No. 09/061,526                                                  


          Appellant’s invention is directed to an improved foothold                   
          of the type used in a manhole, or on a quay.  Independent                   
          claims 2                                                                    
          and 6 are representative of the subject matter on appeal and a              
          copy of those claims may be found in the Appendix to                        
          appellant’s brief.                                                          


          The prior art references of record relied upon by the                       
          examiner in rejecting the appealed claims are:                              


          Takahashi                   4,778,032               Oct. 18,                
          1988                                                                        
          Watsham                       470,919               Aug. 24,                
          1937   (published British Patent Application)                               


               Claims 2 and 5 through 10 stand rejected under 35 U.S.C.               
          §                                                                           
          103 as being unpatentable over Takahashi in view of Watsham.                


          Rather than attempt to reiterate the examiner's full                        
          commentary with regard to the above-noted rejection and the                 
          conflicting viewpoints advanced by the examiner and appellant               

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