Appeal No. 1999-2130 Page 7
Application No. 08/813,307
into the heel of a shoe and then perform a weight-training
exercise while the insert is present therein, as is required by
claim 1, other than the hindsight afforded one who first viewed
the appellant’s disclosure. This being the case, the prior art
applied by the examiner fails to establish a prima facie case
of obviousness with regard to the
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