Appeal No. 2006-2280 Page 12
Application No. 10/244,011
We find that the common knowledge of one having ordinary skill in the art at the
time the invention was made was that both crutches and canes suffer from the same
problem of accidentally falling when leaned against the edge of a table or other
surface. See Dystar Textilfarben GmbH & Co. Deutschland KG v. C.H. Patrick
Co., 464 F.3d 1356, 1367, 80 USPQ2d 1641, 1650 (Fed. Cir. 2006) (“Our
suggestion test is in actuality quite flexible and not only permits, but requires,
consideration of common knowledge and common sense.”) Those persons having
ordinary skill in the art recognized that a mechanism to maintain walking aid
devices, such as crutches and canes, in a vertical position against the edge of a
table or similar horizontal structure was needed. See Hunn, col. 1, lines 22-26
(directed to preventing a crutch from falling by using “an improved cane, crutch or
pole holder which is removably attached to the cane itself, and provides positive
clamping means by which the cane is held in a vertical position against the edge of
a table or similar horizontal structure.”) The common knowledge was that this
need was the same for canes and for crutches, both of which are devices used to aid
a user in walking, and which are often rested against an edge of a table or other
surface when not in use as a walking aid. We find that one having ordinary skill in
the art, possessed with the teachings of Carpenter and with the common knowledge
of one of ordinary skill that canes and crutches are both walking aid devices
suffering from the same slippage problem, as noted in Hunn, would have been led
to apply the guard device of Carpenter to a crutch to prevent a crutch from being
dropped.
With regard to dependent claim 27, we find that Carpenter discloses that the
attachment (shaft strap 7) is a sleeve, which is wrapped around the shaft of the
cane. Carpenter, col. 1, lines 59-63. With regard to dependent claim 28, we find
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