Appeal No. 2002-1645 Page 16
Application No. 09/281,553
open ended rectangular rear frame 10 which is bent at radius 17 to form to rear legs 24
and 25. The top of rear frame 10 is bent away from the patient. An open ended
rectangular frame bar 18 connects to front legs 20 and 21 by slightly angulated T-joints
42 and 43 and to the rear frame 10 by screws or plastic bonds providing structural
strength. The upper horizontal segment of rear frame 10 constitutes the rear upper
cross member of the walker structure. The rear segment of frame bar 18 between rear
legs 24 and 25 constitutes the rear lower cross member of the walker structure. A
U-shaped bar 19 bridges the rear legs 24 and 25 and the lower bar 18, it is connected
by screw or plastic bond at each contact site. Front legs 20 and 21 connect to side
frames 8 and 9 by T-joints 40 and 41. Handles 12 and 13 extend up and in from side
bars 8 and 9.
Claim 12 (reproduced above) is not met by Sorrell. Specifically, the claimed
back portion defining a back opening shaped to permit wheelchair access into the
interior space so that a wheelchair can be at least partially introduced into the interior
space through the back opening to receive the patient for removal from the interior
space is not taught by Sorrell. From the cryptic rejection of this claim (answer, p. 5), it
appears that the examiner believes that this back opening limitation is met by Sorrell's
rear frame 10. We do not agree. The presence of the rear segment of frame bar 18
between rear legs 24 and 25, the U-shaped bar 19 which bridges the rear legs 24 and
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