Appeal No. 2004-2347 Page 3
Application No. 09/839,519
OPINION
In reaching our decision in this appeal, we have given careful consideration to
the appellants’ specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellants and the examiner. As a consequence
of our review, we make the determinations which follow.
The appellants’ invention “relates to a ladder step safety guard used to help
prevent a user of a step ladder from stepping on a top step and on the top of a ladder
when in use” (Specification, page 1). It should be noted, however, that the claims are
not so limited, in that all three independent claims recite in their preambles that the
invention is “used with a step ladder and other types of ladders.” The invention is
manifested in claim 1 in the following manner:
1. A ladder step safety guard used with a step ladder and
other types of ladders, the safety guard designed to prevent
a ladder user from stepping on a top step and the top of a
ladder top, the safety guard comprising:
a front cover, said front cover dimensioned to cover a
space between the top step and the ladder top of the ladder;
and
means for releasably attaching said front cover to the
ladder and next to the top step and the ladder top.
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