Ex Parte KANG et al - Page 2




               Appeal No. 2004-0107                                                                          Page 2                   
               Application No. 09/963,122                                                                                             


                                                         BACKGROUND                                                                   
                       The appellants’ invention relates to a soccer shoe.  An understanding of the                                   
               invention can be derived from a reading of exemplary claim 13, which has been                                          
               reproduced below.                                                                                                      
                       The prior art references of record relied upon by the examiner in rejecting the                                
               appealed claims are:                                                                                                   
               Nyhagen                                 1,537,778                              May 12, 1925                            
               Dreschler                               1,577,791                              Mar. 23, 1926                           
               Diaz                                    5,694,703                              Dec.   9, 1997                          
               The admitted prior art as set forth on page 3, lines 6-12, of the appellants’ specification                            
               (APA).                                                                                                                 
                       Claims 13-23 stand rejected under 35 U.S.C. § 112, second paragraph, as being                                  
               indefinite for failing to particularly point out and distinctly claim the subject matter which                         
               the appellants regard as the invention.                                                                                
                       The following rejections stand under 35 U.S.C. § 103(a):                                                       
               (1) Claims 13, 14 and 16-18 on the basis of APA in view of Dreschler.                                                  
               (2) Claim 15 on the basis of APA in view of Dreschler and Nyhagen.                                                     
               (3) Claim 19 on the basis of APA in view of Dreschler and Nyhagen.                                                     
               (4) Claims 20-22 on the basis of APA in view of Dreschler, Nyhagen and Diaz.                                           
               (5) Claim 23 on the basis of APA in view of Dreschler, Nyhagen and Diaz.                                               
                       Rather than reiterate the conflicting viewpoints advanced by the examiner and                                  
               the appellants regarding the above-noted rejections, we make reference to the Answer                                   







Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next 

Last modified: November 3, 2007