Ex Parte Woller - Page 2




               Appeal No. 2006-0903                                                                                                  
               Application 10/426,550                                                                                                




                                                        THE REFERENCES                                                               
               Grimes                      5,277,273              Jan. 11, 1994                                                      
               Jenkins, Jr.                5,816,362              Oct.  6, 1998 Morris                      6,138,792                
               Oct. 31, 2000                                                                                                         
               Dech                        6,170,609              Jan.  9, 2001                                                      
                                                         THE REJECTIONS                                                              
                       The claims stand rejected as follows: claims 1-5, 12-14 and 18 under 35                                       
               U.S.C. § 102(b) as anticipated by Morris; claims 1, 2, 4 and 5 under 35 U.S.C. § 102(b) as                            
               anticipated by Jenkins, Jr.; claims 6-10, 15-17 and 19 under 35 U.S.C. § 103 as obvious                               
               over Morris; and claim 11 under 35 U.S.C. § 103 as obvious over either Morris in view of                              
               Grimes, or Jenkins, Jr. in view of Dech.1                                                                             
                                                               OPINION                                                               
                                       Rejection of claims 1-5, 12-14 and 18                                                         
                                        under 35 U.S.C. § 102(b) over Morris                                                         
                       Morris discloses a modular tree ladder comprising longitudinal                                                
               members (1A, 1B) connected to transverse members (3) that comprise                                                    
               rung and transverse portions and preferably have “pi” shaped cross                                                    
               sections (col. 1, lines 6-8; col. 3, lines 29-31 and 60-61; col. 4,                                                   
               lines 59-62).  The transverse portions (3A, 3B) “extend in a                                                          
                                                                                                                                    
               1  A rejection of claims 1-11 and 13 under 35 U.S.C. § 112, second paragraph,                                         
               in the final rejection (page 2) is not included in the examiner’s answer.  We                                         
               consider this rejection to be withdrawn.                                                                              




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