Appeal No. 2002-1645 Page 8
Application No. 09/281,553
Claim 1
Claim 1 reads as follows:
A therapeutic walking aid adapted to support a patient in an upright
position, said walking aid comprising:
first and second spaced apart side portions defining an open interior
space sized to accommodate the patient, and each having an arm support
adapted to support the elbow and the forearm of a standing patients; and
a back portion extending between said first and second side portions and
having a back support extending upwardly to an elevation above said arm
supports and adapted to brace the upper back of a standing patient;
said arm supports and said back support cooperating to support the
patient's arms and upper body when the standing patient is positioned within
said interior space in the upright position.
In our view, claim 1 is readable on the walker disclosed in Figures 1-4 of
Engelhart, thus establishing a prima facie case of anticipation. In that regard, claim 1
reads on Engelhart's walker as follows: A therapeutic walking aid adapted to support a
patient in an upright position (the walker shown in Figures 1-4 of Engelhart), said
walking aid comprising: first and second spaced apart side portions (side bars 24 and
26) defining an open interior space sized to accommodate the patient (see Figures 1
and 2 of Engelhart), and each having an arm support adapted to support the elbow and
the forearm of a standing patients (Engelhart's grips 32 are adapted to (i.e., capable of
providing) support to the elbow and the forearm of a suitably sized standing patient
(e.g., a patient smaller than the patient depicted in Figure 2 of Engelhart)); and a back
portion (Engelhart's rest 38, cross bars 28 and 30, etc.) extending between said first
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