Ex Parte PARKS,III - Page 7




            Appeal No. 2002-1583                                                          Page 7              
            Application No. 09/299,678                                                                        


            support member having a surface engaging foot pivotally attached to the end thereof for           
            securably engaging a ladder support surface; (3) lateral stability indicating means               
            secured to the top plate; and (4) longitudinal stability indicating means secured to the          
            top plate.                                                                                        


                   In the rejection before us in this appeal, the examiner determined (answer, pp. 3-         
            4) that it would have been obvious to one of ordinary skill in the art to provide the ladder      
            of Joseph with (1) pivoting foot pads as suggested and taught by Hutson and                       
            (2) a bubble level as suggested and taught by Christy.                                            


                   While we agree with the examiner that the above-noted modifications of Joseph              
            would have been obvious at the time the invention was made to a person of ordinary                
            skill in the art from the teachings of the applied prior art, we also find ourselves in           
            agreement with the appellant that such modifications of Joseph do not arrive at the               
            claimed invention.  In that regard, the teachings of the applied prior art would not have         
            suggested to a person of ordinary skill in the art at the time the invention was made to          
            have provided Joseph's ladder with both a lateral stability indicating means secured to           
            the top plate and a longitudinal stability indicating means secured to the top plate as           
            recited in claim 1 since the applied prior art suggest only providing a single bubble level       
            on the top plate.                                                                                 








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