Appeal No. 97-2734
Application 08/394,067
includes a handgrip which is static while the crutch is in use
by a patient, i.e., a handgrip
which is not movable in a vertical direction while the crutch
is in use and which does not include "means for biasing said
supporting means to provide a dynamic support for said
handgrip while said orthopedic crutches [sic, crutch] is in
use" (emphasis added) as required in claim 1, and claims 10
and 11, on appeal. Nor does the crutch of Stein include "means
for dynamically supporting said handgrip while said orthopedic
crutch is in use to provide a movable support for both upward
and downward movement of said handgrip" (emphasis added) as
set forth in independent claim 12 on appeal. Although the
position of the handgrip of Stein is adjustable upwardly or
downwardly when the pins (12a) are released from the tubular
members (14, 16), the handgrip is then locked in its
adjusted position by re-registration of the pins (12a) with
the apertures (50) of the tubular members (14, 16) to ready
the crutch for use. See, e.g., column 4, lines 18-26, of
Stein. Thus, even if it would have been obvious to one of
ordinary skill in the art to provide the crutch of
12
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