Ex Parte Woller - Page 6



         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        

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