Ex Parte REEDY - Page 15




              Appeal No. 2002-1645                                                               Page 15                
              Application No. 09/281,553                                                                                


                     shaped to permit at least partial 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 to facilitate removal of the                      
                     patient from said interior space.                                                                  


                     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 body of a patient.  Accordingly,                   
              the subject matter of claim 18 is not met by Engelhart.                                                   


                     For the reasons set forth above, the decision of the examiner to reject claim 18,                  
              and claim 19 dependent thereon, under 35 U.S.C. § 102(b) as being anticipated by                          
              Engelhart is reversed.                                                                                    


              The anticipation rejection based on Sorrell                                                               
                     We will not sustain the rejection of claims 12 to 15 under 35 U.S.C. § 102(b) as                   
              being anticipated by Sorrell.                                                                             


                     Sorrell's invention relates to safety walkers for medical patients, such as those                  
              with Parkinson's Disease, and in particular to walkers having resistance to backward                      
              falls and injury avoidance in the event of a backward fall.  Figure 1 is a perspective view               
              of walker 4 having a flexible mesh seat 5.  The walker has tubular parallel side frames 8                 
              and 9 of similar strength plastic or metal connected by screw or plastic bonding to an                    







Page:  Previous  8  9  10  11  12  13  14  15  16  17  18  19  20  21  22  Next 

Last modified: November 3, 2007