Appeal No. 2006-0903
Application 10/426,550
attached to hold the bar against a tree (col. 5, lines 63-64; col.
7, lines 22-26; figure 7).
The appellant argues: “Dech does not show a loop securely
mounted to the frame, but rather Dech merely shows a triangular
fastener attached at the ends of a flexible member for attaching the
flexible mounting member to the frame. Dech does not disclose,
teach, or suggest a loop securely mounted thereto” (brief, page 11).
Dech’s disclosure of an eyelet attached to a vertically extending
bar of a ladder for holding the ladder to a tree at least would have
fairly suggested, to one of ordinary skill in the art, securely
mounting the eyelet to the bar so that the ladder does not come
loose from the tree.
Therefore, we affirm the rejection of claim 11 under
35 U.S.C. § 103 over Jenkins, Jr. in view of Dech.
DECISION
The rejections of claims 1-5, 12-14 and 18 under
35 U.S.C. § 102(b) over Morris, claims 1, 2, 4 and 5 under
35 U.S.C. § 102(b) over Jenkins, Jr., claims 6-10, 15-17 and 19
under 35 U.S.C. § 103 over Morris, claim 11 under 35 U.S.C. § 103
over Morris in view of Grimes, and claim 11 under 35 U.S.C. § 103
over Jenkins, Jr. in view of Dech, are affirmed.
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