Appeal No. 2002-1645 Page 14
Application No. 09/281,553
The walking aid according to claim 12, wherein an arm support extends
along each of said first and second side portions, said walking aid further
comprising a back support extending between said first and second side
portions, said arm supports adapted to support the elbows and forearms of the
patient and said back support adapted to support the upper back of the patient.
It is our view that it is shear speculation as to whether Engelhart's inverted U-
shaped cross bar 62 is capable of supporting the upper back of a patient. Accordingly,
the subject matter of claim 14 is not met by Engelhart.
For the reasons set forth above, the decision of the examiner to reject claim 14,
and claim 15 dependent thereon, under 35 U.S.C. § 102(b) as being anticipated by
Engelhart is reversed.
Claims 18 and 19
Claim 18 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 each having an
arm support;
wheels connected for providing mobility of said walking aid with respect to
a floor surface; and
a back portion extending between said first and second side portions and
having (a) a back support extending to an elevation above said arm supports,
said arm supports and said back support cooperating to support the patient's
arms and upper body when the patient is positioned within said interior space,
and (b) a back member removable from said walking aid or moveable with
respect to said walking aid so as to define a back opening in said back portion
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