Appeal No. 2006-0903 Application 10/426,550 Rejection of claim 11 under 35 U.S.C. § 103 over Morris in view of Grimes Claim 11 requires that “the frame includes at least one loop securely mounted thereto for attaching the flexible mounting element. Grimes discloses a tree climbing ladder having, affixed to longitudinal members (12, 14), eyelets (44) for attaching a flexible device such as a rope, cable or chain to the ladder to hold it against a tree (col. 4, lines 47-56). The appellant argues: “Grimes merely shows a loop of rope attached at either a hook or an eyelet; Grimes does not disclose, teach, or suggest a loop securely mounted thereto” (brief, pages 10- 11). Grimes’ eyelet (44) is a loop, and is mounted to the ladder’s frame (col. 4, lines 47-55; figure 2). Grimes’ disclosure that the eyelet is for tightly holding the ladder to a tree, see id., at least would have fairly suggested, to one of ordinary skill in the art, mounting the eyelet to the frame securely so that the ladder does not come loose from the tree. Accordingly, we affirm the rejection of claim 11 under 35 U.S.C. § 103 over Morris in view of Grimes. Rejection of claim 11 under 35 U.S.C. § 103 over Jenkins, Jr. in view of Dech Dech discloses a ladder (86) having at least one vertically extending bar (88) with eyelets to which a strap (182) is removably 6Page: Previous 1 2 3 4 5 6 7 8 9 NextLast modified: November 3, 2007