Appeal No. 96-2393
Application 08/147,961
ingly, we also will not sustain the rejection of these addi-
tional claims under § 103.
The decision of the examiner to reject claims 63
through 81 under 35 U.S.C. § 103 is reversed.
In addition, this application is REMANDED to the
examiner for further search, particularly with regard to
claims 78 through 81 which are clearly not limited to the
footwear art of Class 36 and illumination in combination with
wearing apparel or body support of Class 362, subclass 103,
searched by the examiner. A more expansive search in Class
362, "Illumination," would appear appropriate. The examiner
should also note the patents of record to Wall (5,239,450) and
Crews (5,149,489), both of which deserve consideration with
regard to independent claim 78 and the claims which depend
therefrom.
The patent to Wall discloses an illuminated button
member (1) including a light distribution system comprising an
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