Appeal No. 1999-2103
Application No. 08/734,205
multi-purpose shoe and a variety of different types of spikes
for use in different applications. For example, Figures 4-9
illustrate, respectively, an ordinary spike (e.g., for use
after golfing), a rain shoe spike, an ice/snow shoe spike, a
golf spike, a fishing spike and a mountain climbing spike. In
making this rejection, the examiner relies upon the spike
illustrated in Figure 5 (the rain shoe spike) and discussed in
column 5, lines 15-29. This spike comprises a disk-shaped
portion 51a made of metal or plastic, an elastic member 51b
fitted over the disk-shaped portion 51a to cover one surface
thereof and screw portion 51c made of a metal or a plastic and
extended from the other surface of the disk-shaped portion 51a
in the direction perpendicular thereto. The surface of the
elastic member 51b is formed of relatively small ridges and
valleys in order to prevent slippage. Furthermore, the
elastic member 51b is made of a rubber containing a non-slip
agent.
According to the examiner, Baylo (Figure 5) discloses a
removable athletic shoe cleat as recited in claim 18 except
for the exact shape of the ridges (answer, page 3). We have
considered appellants' argument (brief, pages 10-11) that the
9
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