Ex parte HELLMAN - Page 2




                 Appeal No. 1999-2100                                                                                                                   
                 Application No. 08/850,825                                                                                                             


                          The appellant's invention is directed to a disposable                                                                         
                 plastic slipper.  The claims on appeal have been reproduced in                                                                         
                 an appendix to the Brief.                                                                                                              


                                                               THE REFERENCES                                                                           
                          The references relied upon by the examiner to support the                                                                     
                 final rejection are:                                                                                                                   
                 Rigsby                                       3,058,241                                             Oct. 16,                            
                 1962                                                                                                                                   
                 Ito                                          4,030,212                                             Jun. 21,                            
                 1977                                                                                                                                   
                 Krippelz                                     4,112,599                                             Sep. 12,                            
                 1978                                                                                                                                   
                 Kolsky                                       5,274,846                                             Jan.  4,                            
                 1994                                                                                                                                   



                                                               THE REJECTIONS                                                                           
                          The following rejections stand under 35 U.S.C. § 103:                                                                         
                 (1) Claims 1 and 3 on the basis of Krippelz and Kolsky.2                                                                               

                          2Since claim 3 depends from claim 2, which stands                                                                             
                 rejected on the basis of Krippelz, Kolsky and Ito, it is                                                                               
                 apparent that claim 3 should not have been included in this                                                                            
                 rejection, but with claims 2 and 4.  Moreover, since claim 4                                                                           
                 depends from claim 1 and adds only that the two elements of                                                                            
                 the slipper be heat bonded together, a feature that is taught                                                                          
                 by Krippelz, we are at a loss to understand why claim 4 has                                                                            
                                                                                                            (continued...)                              
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