Appeal No. 2006-0903
Application 10/426,550
35 U.S.C. § 102(b) over Morris of that claim and its dependent
claims 2-5 that are not separately argued (brief, page 6).
Claim 12 requires that “the steps each have a slot permitting
the nesting of the sections for storage and transport.”
The appellant argues: “Morris does not disclose, teach, or
suggest steps that each have a slot therein for permitting nesting
of the sections for storage and transport. Rather, Morris teaches
that the rungs, together with transverse members 3, form a channel
for nesting separate sections of the ladder” (brief, page 7).
Morris’ rungs are part of transverse members 3, which also include
transverse portions (3A, 3B) (col. 4, lines 15-19; figure 8).
Between the transverse portions is an opening, which reasonably can
be called a slot, that permits the sections of the modular ladder to
be nested (col. 7, lines 52-53; figure 8).
Hence, we affirm the rejection under 35 U.S.C. § 102(b) over
Morris of claim 12 and its dependent claims 13, 14 and 18 that are
not separately argued (brief, page 7).
Rejection of claims 1, 2, 4 and 5
under 35 U.S.C. § 102(b) over Jenkins, Jr.
Jenkins, Jr. discloses a modular ladder comprising a support
member (2) attached to steps (3, 5) having standoff members 15 (col.
3, lines 54-55; col. 4, lines 9-13; figure 1). The standoff members
“serve to space the ladder module 1 away from the tree to allow the
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