Ex Parte Hopkins - Page 3



             Appeal No. 2006-2280                                                Page 3                     
             Application No. 10/244,011                                                                        
                     walking surface, the tube having a length selected to be substantially                    
                     less than that of the crutch strut or cane shaft.                                         

                           23. In combination with a crutch having at least one                                
                     longitudinally extending crutch strut with a bottom end for engaging                      
                     a walking surface and a top end with at least one under arm support                       
                     extending laterally from the crutch strut, or in combination with a                       
                     cane with a cane shaft having a bottom end for engaging a walking                         
                     surface and a top end with a handle extending laterally from the cane                     
                     shaft:                                                                                    
                           an attachment on the crutch strut or cane shaft, the attachment                     
                     having an exterior consisting essentially of an exterior surface for                      
                     frictionally engaging an edge or curved surface to keep the crutch or                     
                     cane supported with the bottom end resting on a walking surface, the                      
                     attachment having a length extending above the center of gravity of                       
                     the strut or shaft when the strut or shaft is vertically oriented.                        

                   The examiner relies upon the following as evidence of unpatentability:                      
                    Carpenter                            4,884,730       Dec. 05, 1989                         
                    Crusor                               6,000,414       Dec. 14, 1999                         
                    Finegan                              6,036,607       Mar. 14, 2000                         
                    Shrader                              6,410,848       Jun. 24, 2002                         
                                                                         Filed:  Apr. 24, 2000                 
                   The following rejections are before us for review.                                          
                1. Claims 1-14 stand rejected under 35 U.S.C. § 112, second paragraph, for                     
                   failing to particularly point out and distinctly claim the invention.                       





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