Appeal 2006-2888
Application 10/318,425
1 FINDINGS OF FACT
2 Claims 1, 11 and 16 recite that said connecting member secures said
3 side rails together with said “rung captured therebetween.”
4 Appellant’s Specification does not include a definition of the term
5 captured. We interpret the term “captured” in regard to the rungs, as it is
6 recited in claim 1, to mean that the rungs are confined or fixed in place when
7 the side rails are connected by the connecting members. We note that this
8 interpretation is in accord with Appellants own interpretation (Specification
9 4; Supplemental Appeal Brief 7). Claim 1 does not recite that the
10 connecting members themselves capture or confine the rungs between the
11 side rails. As such, claim 1 is broad enough to include a ramp with rungs
12 held in place by the side rails as long as the rungs are confined when the side
13 rails are connected.
14 Claims 1, 11 and 16 also recite that the rungs are not otherwise
15 secured to the side rails. As such, according to the language of claim 1,
16 there are no other additional securing means such as bolts or nails.
17 Tolman discloses a device that includes first and second side rails 2
18 extending parallel to each other with each side rail having at least one slot 3.
19 At least one rung 1 extends between the first and second side rail 2 (Tolman,
20 Figs. 1 and 3). The first end of the rung is received within one of the slots 3
21 in the first side rail and the second end of the rung is received within one of
22 the slots 3 in the the second side rail 2. The slots 3 are configured to prevent
23 movement of the rung and to secure the rung within the slot (Tolman 1:95-
24 104). Connecting members 1a extend between the first and second side rail.
25 When the connecting members 1a are secured to the side rails, the rungs are
4
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Last modified: September 9, 2013