Ex Parte Perena - Page 2




         Appeal No. 2004-1366                                                       
         Serial No. 10/056,712                                                      

         and propel the device as a wheelchair.                                     
              Claim 1, the sole independent claim, is reproduced below to           
         highlight the principal features of appellant’s invention:                 
              1.  An ambulatory device comprising a U-shaped frame having           
         a closed rear end, two sides, and an open front end, said U-               
         shaped frame having two small front wheels and two large rear              
         wheels attached thereto, a seat attached to the rear of the U-             
         shaped frame, and a support system attached to the rear end of             
         the U-shaped frame, which support system comprises a support               
         frame having a vertical section and a horizontal section, a body           
         halter having straps, which straps are connected by connectors to          
         a swivel bar, which swivel bar is connected to a support bar, and          
         which support bar is connected via control connectors through a            
         pulley system to a winch on the vertical section of the support            
         frame.                                                                     
              The prior art references relied upon by the examiner on               
         appeal are:                                                                
         Jones                    4,973,044           Nov. 27, 1990                 
         Colpron                  5,165,123           Nov. 24, 1992                 
         Santmann                 5,224,721           Jul.  6, 1993                 
         Mah                      5,333,333           Aug.  2, 1994                 
              The following rejections are before us for review:                    
              I.  Claims 1 and 4-5 stand rejected under 35 U.S.C. § 102 as          
         being anticipated by Mah.                                                  
         II.  Claim 2 stands rejected under 35 U.S.C. § 103 for                     
         obviousness in view of Mah taken in combination with Jones.                
         III.  Claim 3 stands rejected under 35 U.S.C. § 103 for                    
         obviousness in view of Mah taken in combination with Colpron.              



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