Ex parte PALLERA - Page 2




          Appeal No. 96-2724                                                          
          Application 08/343,201                                                      





                                 DECISION ON APPEAL                                   
                    This is a decision on appeal from the examiner's final            
          rejection of claims 4 through 10, which are all of the claims               
          remaining in the application.  Claims 1 through 3 and 11                    
          through 17 have been canceled.  In a paper filed April 25, 1996             
          (Paper No. 31) appellant withdraws the appeal as to claims 8                
          and 9.  Accordingly, the appeal as to those claims is dismissed             
          and only claims 4 through 7 and 10 remain for our consideration             
          in this appeal.                                                             


                    Appellant's invention is directed to a shoe having a              
          display assembly attached to an outer surface of the shoe upper.            
          Claim 10, the only independent claim on appeal, is illustrative             
          of the subject matter on appeal and a copy of claim 10, as it               
          appears in the Appendix to appellant's brief, is attached to this           
          decision.                                                                   


                    The prior art references of record relied upon by the             
          examiner as evidence of obviousness under 35 U.S.C. § 103 are:              
          Adams et al. (Adams)          2,801,477          Aug.  6, 1957              
          Webb                          4,677,008          June 30, 1987              
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