Appeal No. 2002-1645 Page 12
Application No. 09/281,553
Claim 12
Claim 12 reads as follows:
A wheelchair accessible walking aid comprising:
first and second spaced apart side portions defining an interior space
which can be occupied by a patient in an upright position; and
a back portion extending between said first and second side portions and
defining a back opening shaped to permit wheelchair access into said interior
space so that a wheelchair can be at least partially introduced into said interior
space through said back opening to receive the patient for removal from said
interior space.
In our view, claim 12 is readable on the walker disclosed in Figures 1-4 of
Engelhart, thus establishing a prima facie case of anticipation. In that regard, claim 12
reads on Engelhart's walker as follows: A wheelchair accessible walking aid (the walker
shown in Figures 1-4 of Engelhart) comprising: first and second spaced apart side
portions (side bars 24 and 26) defining an interior space which can be occupied by a
patient in an upright position (see Figures 1 and 2 of Engelhart); and a back portion
extending between said first and second side portions (Engelhart's inverted U-shaped
cross bar 62) and defining a back opening (the space directly below the cross-piece of
the inverted U-shaped cross bar 62) shaped to permit wheelchair access into said
interior space so that a wheelchair can be at least partially introduced into said interior
space through said back opening to receive the patient for removal from said interior
space (Engelhart's back opening is capable of receiving a wheelchair since Engelhart's
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