Appeal No. 2006-0903
Application 10/426,550
climber to place the arch of his boot directly over the steps 3,4,5”
(col. 4, lines 16-19).
The appellant argues: “Jenkins does not disclose, teach, or
suggest a modular ladder having steps that project radially
outwardly from the tree or pole when mounted thereto. Instead,
Jenkins teaches steps that are horizontal rungs with separate
standoff members 15 that extend toward the tree” (brief, page 8).
Morris’s standoff members (15) are part of the steps and extend
radially outwardly from the tree (col. 3, line 66 – col. 4, line 16;
figure 8).
We therefore affirm the rejection under 35 U.S.C. § 102(b) over
Jenkins, Jr. of claim 1 and its dependent claims 2, 4 and 5 that are
not separately argued (brief, page 8).
Rejection of claims 6-10, 15-17 and 19
under 35 U.S.C. § 103 over Morris
The appellant does not separately argue claims 6-10, which
depend from claim 1, or claims 15-17 and 19, which depend from claim
12 (brief, page 9). Consequently, we affirm the rejection of those
claims over Morris for the reasons given above regarding the
rejection of claims 1 and 12 over that reference.
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