Appeal No. 97-2734
Application 08/394,067
Stein with an adjustable support leg (36) like that of Acosta,
the resulting crutch would still not be the same as that set
forth in appellants' claims 1 through 4, 8, 9 and 12 on
appeal. Accordingly, the examiner's rejection of claims 1
through 4, 8, 9 and 12 under 35 U.S.C. § 103 as being
unpatentable over Stein in view of Acosta will not be
sustained.
We have also reviewed the patents to Hansen and
Greatwood applied by the examiner in the § 103 rejections of
claims 10 and 11, respectively. However, we find nothing in
either of these references which would supply that which we
have noted above to be lacking in the crutch of the Stein
patent. Accordingly, the examiner's rejections of claims 10
and 11 on appeal under 35 U.S.C. § 103 will likewise not be
sustained.
To summarize our decision, we note that the
examiner's rejections of claims 1 through 4 and 8 through 11
13
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