Appeal No. 2003-1272 Page 13
Application No. 10/039,338
For the reasons set forth above, the decision of the examiner to reject claims 18
to 25 under 35 U.S.C. § 112, first paragraph, is reversed.
The anticipation rejection
We will not sustain the rejection of claims 18 to 20, 22, 26 to 30 and 34 under
35 U.S.C. § 102(b).
Jordan discloses a track shoe cleat (Figures 1-4) for use on composition tracks
or other modern surfaces formed of natural or synthetic materials such as synthetic turf
(column 1, lines 44-47 and column 2, lines 1-4). The cleat is characterized by a circular
disc 16 having a plurality of bristles 18 extending down from the bottom surface thereof.
The bristles are of tough plastic, for example, nylon or polycarbonate varieties (column
2, lines 29-31). As explained by the patentee (column 2, lines 51-53), "the bristle spikes
are most effective when they result in indentation of a running surface as opposed to
penetration of the surface." As set forth in each of claims 3 and 9 thereof, the bristles
extend from the bottom surface of the body portion (disc 16) for a distance of between
"about 1/16 inch to 1/4 inch."
Jordan's track shoe cleat seeks to overcome a damage problem that accrues
from the use of long and sharp metal traction spikes that penetrate a track surface
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