Appeal No. 2006-2280 Page 21
Application No. 10/244,011
As such, we do not sustain the examiner’s rejection of claims 1-7, 10-12 and 14-21
under 35 U.S.C. § 103(a) as being unpatentable over Carpenter in view of Finegan.
We find it necessary, however, to enter a new ground of rejection of claims
17 and 18 under 35 U.S.C. § 103(a) as being unpatentable over the combined
teachings of Carpenter and U.S. Patent No. 6,520,194 to Frazier. We find that
Carpenter discloses a flexible pad (shaft strap 7) which has an adhesive area (hook
and loop fastening means 9) for adhering first and second opposed surfaces of the
pad, where the pad forms a tube when folded around the cane shaft (Figure 1), and
an exterior adapted to frictionally engage an edge or curved surface to keep the
cane supported (see Section II.C. supra), where the tube (strap 7) has a length
substantially less than the shaft (Figure 1). We further find that the tube of
Carpenter is disposed between the center of gravity of the cane and the handle.
Carpenter, Figure 1. Carpenter does not disclose that the strap (7) is made of
rubber or is deformable under the lateral component of the weight of the cane, as
recited in claims 17 and 18, respectively.
Frazier discloses a holder for canes for reducing the possibility that the cane
will fall when it is hung on a table, counter, or other elevated, horizontal surface.
Frazier, col. 1, lines 30-33. Frazier teaches “a tubular member that fits onto a cane,
umbrella or similar accessory on the handle or otherwise one or near one end of the
longitudinal member of the accessory.” Frazier, col. 1, lines 38-41. Frazier further
teaches that “[t]he tubular member may be split in order to allow the tubular
member to fit over a larger range of sizes of handles or longitudinal members.”
Frazier, col. 1, lines 46-48. In one embodiment, Frazier describes that the tubular
member (100) has diameter that allows the end of the longitudinal member (201) to
be inserted into the tubular member (100) and frictionally held in place. Frazier,
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