Appeal No. 2003-1349 Page 2
Application No. 09/768,969
BACKGROUND
The appellant's invention relates to a thermal foot cover that can be worn over a
shoe-encased or a boot-encased foot, or can be worn in place of a shoe or a boot to
protect the wearer's foot from the effects of cold temperature (specification, p. 1). A
copy of the dependent claims under appeal is set forth in the appendix to the
appellant's brief. A copy of claim 9, the only independent claim on appeal, is
reproduced in the opinion section below.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Terry 4,023,281 May 17, 1977
Oatman 4,658,515 Apr. 21, 1987
Latzke 4,887,368 Dec. 19, 1989
Bulzomi 5,220,791 June 22, 1993
Claims 9 to 13 and 15 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Bulzomi in view of Oatman or Latzke.
Claim 16 stands rejected under 35 U.S.C. § 103 as being unpatentable over
Bulzomi in view of Oatman or Latzke as applied to claims 9 to 13 and 15 above, and
further in view of Terry.
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