Ex Parte McClelland - Page 2

                 Appeal 2006-2010                                                                                      
                 Application 10/349,684                                                                                
                                                 THE INVENTION                                                         
                        The Appellant claims an article of footwear having a lower peripheral                          
                 edge of an upper joined to an outsole only by a cushioning material directly                          
                 attached to both of them.  Claim 1 is illustrative:                                                   
                               1.   An article of footwear comprising:                                                 
                                      an upper including a lower peripheral edge;                                      
                                      an outsole including a wearing surface, an upper surface                         
                        opposite the wearing surface, a peripheral wall extending upwardly                             
                        around at least a portion of the upper surface, said peripheral wall                           
                        including at least one protrusion extending inwardly from said                                 
                        peripheral wall and disposed above said upper surface a first pre-                             
                        selected distance; and                                                                         
                                      a material direct attached to said lower peripheral edge                         
                        and said outsole, the material bonding to said lower peripheral edge                           
                        and said outsole, so that said lower peripheral edge of the upper and                          
                        the outsole are joined only by direct attachment of the material to both                       
                        the lower peripheral edge of the upper and the outsole, wherein the                            
                        material also forms a cushioning layer between the outsole and the                             
                        upper.                                                                                         
                                               THE REFERENCES                                                          
                        Aoki                        US 6,041,520                Mar. 28, 2000                          
                        McClelland                     US 6,226,895 B1          May   8, 2001                          
                                                THE REJECTIONS                                                         
                        Claims 1-8 stand rejected under 35 U.S.C. § 103 as being                                       
                 unpatentable over Aoki in view of McClelland.1                                                        
                                                     OPINION                                                           
                        We affirm the aforementioned rejections.                                                       
                                                                                                                      
                 1 The Examiner relies upon official notice in the rejection of claim 5 (Answer 4-5).                  
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