Ex Parte ZANCO - Page 1



          The opinion in support of the decision being entered today was              
          not written for publication and not binding precedent of the                
          Board.                                                                      
                                                          Paper No. 44                
                      UNITED STATES PATENT AND TRADEMARK OFFICE                       
                                     __________                                       
                         BEFORE THE BOARD OF PATENT APPEALS                           
                                  AND INTERFERENCES                                   
                                     __________                                       
                                Ex parte ALAIN ZANCO                                  
                                     __________                                       
                                Appeal No. 2003-0598                                  
                               Application 09/172,830                                 
                                     ___________                                      
                                HEARD: June 11, 2003                                  
                                     ___________                                      
          Before COHEN, MCQUADE, and NASE, Administrative Patent Judges.              
          MCQUADE, Administrative Patent Judge.                                       
                                 DECISION ON APPEAL                                   
               Alain Zanco appeals from the final rejection (Paper No. 29)            
          of claims 1 through 3, 5, 8 and 9.  Claims 7, 10 and 11, the only           
          other claims pending in the application, stand withdrawn from               
          consideration.                                                              
                                   THE INVENTION                                      
               The invention relates to “a boot for a ski or in-line roller           
          skate” (specification, page 1).  Representative claim 1 reads as            
          follows:                                                                    
               1. A boot for a ski or in-line roller skate, the boot having           
          a sole with a heel portion and a front portion, the sole being              
          connected to a flexible upper, wherein the sole has a first rigid           
          part which extends forward from said heel portion over about one            
          half of the length of the sole,                                             



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