Ex Parte PARKS,III - Page 6




            Appeal No. 2002-1583                                                          Page 6              
            Application No. 09/299,678                                                                        


                   Christy's invention relates to a ladder leveling apparatus that allows the user to         
            level the ladder from an elevated location.  As shown in Figure 1, the ladder leveling            
            apparatus 10 includes a ladder member 20 having ladder legs 21 that are received in a             
            ladder leg adapter unit 12 including boot members 30 wherein the position of the                  
            bottom of the ladder legs 21 relative to the boot members 30 is controlled by elongated           
            adjustment rod members 40 having an enlarged head member 44 which is actuated                     
            proximate the upper portion of the ladder member 20.  Christy teaches (column 2, line             
            66, to column 3, line 5) that the ladder member 20 is provided with one or more bubble            
            levels 27 which are disposed on the upper steps 22 (Figure 1 of Christy shows two                 
            steps each having a bubble level) of the ladder member 20 such that the user may                  
            manipulate the ladder leveling apparatus 10 from an elevated height without the need              
            to climb back down the ladder to make each incremental adjustment.                                


                   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 Joseph and claim 1, it is our opinion that the         
            differences are (1) the support legs having a surface engaging foot pivotally attached to         
            an end thereof for securably engaging a ladder support surface; (2) the telescoping               








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