Ex Parte ISSLER - Page 2



          Appeal No. 2002-1268                                                        
          Application 09/282,672                                                      

          surface, and an upstanding sidewall integrally molded with and              
          around a periphery of the midsole;                                          
               attaching the upper to the midsole in a single stitching               
          operation by stitching a thread along a peripheral portion of the           
          upper and the sidewall of the midsole; and                                  
               attaching an outersole having a walking surface and an                 
          attachment surface opposite to the midsole, the outer surface of            
          the midsole positioned adjacent to the opposed attachment surface           
          of the outsole.                                                             
               12. Footwear comprising:                                               
               an upper defining a volume for receiving a wearer’s foot and           
          having an open bottom;                                                      
               a midsole, having an upper surface enclosing the open bottom           
          of the upper, an outer surface opposite to the upper surface, and           
          an upstanding sidewall integrally molded with and around a                  
          periphery of the midsole;                                                   
               a single stitching seam, attaching the upper to the midsole            
          along a peripheral portion of the upper and the sidewall of the             
          midsole; and                                                                
               an outsole, having a walking surface and an attachment                 
          surface opposite to the walking surface, the outer surface of the           
          midsole attached to the attachment surface of the outsole.                  
                                   THE PRIOR ART                                      
               The references relied on by the examiner to support the                
          final rejection are:                                                        
          Boys, II et al. (Boys)          4,783,910           Nov. 15, 1988           
          Marc                            5,068,983           Dec.  3, 1991           
          Gross                           5,077,915           Jan.  7, 1992           
          Tilles et al. (Tilles)          5,146,698           Sep. 15, 1992           
          Bates et al. (Bates)            5,493,792           Feb. 27, 1996           
          Slepian et al. (Slepian)        5,729,917           Mar. 24, 1998           










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