Appeal No. 1999-0937
Application No. 08/646,530
Presuming that the pack cart configuration of Cockram is
such that it is capable of performing as a wheel chair for
transporting a rider and cargo, we nevertheless do not discern in
the overall teaching of Cockram “a pair of elongated handle
members” that “function as a pair of protective rails, enclosing
the rider”, as set forth in claim 1. We, of course, comprehend
the claim language in light of the underlying disclosure in this
application. Appellant’s elongated handle members (Figs. 1 and
2) 10,20 are arranged in parallel spaced relation, mounted on
opposite sides of and secured to frame 60, and function as a
protective railing enclosing a passenger within the frame
(specification, pages 7 and 8). Distinct from the referenced
handle member recitation of claim 1, the handles 84 of Cockram
(Figs. 1 and 2) are joined to the upright frame member 12
outboard thereof by a holder and pin arrangement 88,90, and do
not traverse the area of the cart where a rider might reside.
Additionally, we note that support arms 94 (with looped handles
96) disclosed by Cockram (Fig. 1) are centrally secured by a
holder and pin arrangement 98,100 to the base frame member and,
thus, would not be capable of enclosing a rider. Since the
patent to Cockram fails to include, at least, the claimed feature
of a pair of elongated handle members functioning as a pair of
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