Appeal No. 2002-1645 Page 19
Application No. 09/281,553
1 again so that the support rod 11 is positioned at the back of the walker (i.e., the
walker is converted from that shown in Figure 1 to that shown in Figure 5). In this
arrangement, the support rod 11 is used to support the back of the user.
In our view, claim 1 is readable on the walker disclosed in Figures 1, 2 and 5 of
Haruyama in the same manner as Engelhart, thus establishing a prima facie case of
anticipation. In that regard, claim 1 reads on Haruyama's walker as follows: A
therapeutic walking aid adapted to support a patient in an upright position (the walker
shown in Figure 5 of Haruyama), said walking aid comprising: first and second spaced
apart side portions (right and left leg members 1, vertical shafts 8 and armrests 10 )
defining an open interior space sized to accommodate the patient (see Figure 5), and
each having an arm support adapted to support the elbow and the forearm of a
standing patients (armrests 10 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 5)); and a back portion (support rod 11) extending
between said first and second side portions and having a back support (support rod 11)
extending upwardly to an elevation above said arm supports and adapted to brace the
upper back of a standing patient (support rod 11 does extend upwardly to an elevation
above the armrests 10 and is adapted to (i.e., capable of providing) brace the upper
back of a suitably sized standing patient (e.g., a patient smaller than the patient
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