Appeal No. 2006-2280 Page 16
Application No. 10/244,011
end 36 of the crutch 22 is resting on a surface such as the
walking surface 40, and the crutch is leaning against an
edge 42 of, for example a table 44 (Fig. 1) or a counter
top (Fig. 6), the weight of the crutch is applied against
the support 20, generally in the form of a horizontal or
lateral force component. This force component is
sufficient to provide a frictional engagement between the
support 20 and the edge 42 of the table 44. Preferably,
the support 20 is made of a deformable material such as
rubber so that there is increased area to provide sufficient
frictional force to keep the crutch partially upright and
available to a person when the person needs to resume
use of the crutch 22. (Specification, page 5, lines 9-19).
In one example, the specification contrasts the conventional “smooth”
surface of a strut of a crutch to the rubber, or rubber-like support material (20)
having an exterior surface (80) that frictionally engages the edge (42) of a counter
or the like or other supporting surface. The exterior surface (80) has a series of
indentations (82) defining edges (84) which enhance frictional engagement with an
edge (42) or other surface. Specification, page 7, line 5-6 and page 8, lines 16-20.
We must be careful not to read into the “frictionally engage” language the
requirement that the support be made of rubber or a rubber-like material or that the
exterior surface contain indentations, as described in one embodiment of the
specification. We see no explicit definition of frictionally engage in the
specification that defines an amount of frictional engagement between the support
and an edge or other surface. We find, thus, that the broadest reasonable
interpretation of “frictionally engage” means any amount of force between the
exterior surface of the support and the edge or other surface against which it rests
that resists relative motion between the support and the surface to keep the crutch
or cane supported with the bottom end resting on a walking surface.
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