Appeal No. 2000-0031
Application No. 09/061,526
appellant’s independent claims 2 and 6 is any teaching of
increasing the thickness of the resin layer, or an upper
portion thereof, from a central portion of the tread to end
portions of the tread so as to define an upper surface that is
inclined upwardly from the central portion toward the end
portions at an angle in the range of 1 to 5 degrees from
horizontal.
To account for the above-noted differences between
Takahashi and appellant’s claimed subject matter, the examiner
has turned to the teachings of Watsham, noting that this
reference teaches a foothold having a tread with an upper
surface that is inclined upward from a central portion of the
tread toward the end portions thereof. The examiner further
urges that
[t]he angle of the incline is not specified; however,
the reason given by Watsham for inclining the tread is
in order to minimize the risk of an injury due to
slippage. The applicant has disclosed that it is known
that an
incline of 3 degrees is stable for walking. Therefore,
it would have been obvious to incline the tread of
Watsham at an angle of 3 degrees, which is in the range of 1
to 5 degrees from horizontal, in order to minimize the
risk of injury due to slippage while standing or walking on
5
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