Ex Parte Allen - Page 3

                Appeal 2006-2888                                                                                   
                Application 10/318,425                                                                             

            1          Lucht                     US 6,139,249                     Oct.  31, 2000                  
            2                                                                                                      
            3                                                                                                      
            4          Appellant contends that Tolman does not disclose a ramp and that the                        
            5   rungs are not received with the slots of the side rails with a connecting                          
            6   member securing the side rails together with the rungs captured                                    
            7   therebetween such that the rung is not otherwise secured to the side rail.                         
            8          Appellant also contends that Lucht does not disclose a connecting                           
            9   member securing the side rails together with the rungs captured                                    
          10    therebetween such that the rung is not otherwise secured to the side rail.                         
          11           Appellant further contends that Tolman is not analogous art.                                
          12                                                                                                       
          13                                         ISSUES                                                        
          14           The first issue is an issue of claim construction, namely what is meant                     
          15    by the language in independent claims 1, 11, and 16: “said rung captured                           
          16    therebetween.”                                                                                     
          17           The second issue is whether the Appellant has shown that the                                
          18    Examiner erred in finding that Tolman is analogous art and that Tolman                             
          19    discloses a ramp having rungs received in slots of the side rails with a                           
          20    connecting member securing the side rails together with the rungs captured                         
          21    therebetween such that the rung is not otherwise secured to the side rail.                         
          22           The third issue is whether the Appellant has shown that the Examiner                        
          23    erred in finding that Lucht discloses a connecting member securing the side                        
          24    rails together with the rungs captured therebetween such that the rung is not                      
          25    otherwise secured to the side rail.                                                                
          26                                                                                                       

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