Ex Parte Hirayama - Page 2

               Appeal 2007-0197                                                                             
               Application 10/076,956                                                                       

                            an upper portion having a foot section fixedly coupled to                       
                      said sole portion, an ankle section extending upwardly from                           
                      said foot section and a leg section extending upwardly from                           
                      said ankle section, said upper portion including a                                    
                      thermoformable layer located on an inner side and an outer side                       
                      of said ankle section, a first banana-shaped pad located in said                      
                      outer side of said ankle section, and a second banana-shaped                          
                      pad located in said inner side of said ankle section,                                 
                            said upper portion including a tightening device fixed                          
                      thereto with a first strap portion overlying a part of said first                     
                      banana-shaped pad and a second strap portion overlying a part                         
                      of said second banana-shaped pad,                                                     
                            said first and second banana-shaped pads being                                  
                      configured and arranged to support an ankle joint of a wearer of                      
                      said boot liner at bottom and rearward sides of the ankle joint of                    
                      the wearer.                                                                           

                                            THE REFERENCES                                                  
               Garbuio                            US 3,925,916                                Dec. 16, 1975 
               Clement                            US 5,746,015                                May  05, 1998 
               Breuner                            US 5,775,006                                Jul.    07, 1998
               Pozzobon                         US 6,012,236                                Jan.    11, 2000

                                            THE REJECTIONS                                                  
                      The claims stand rejected under 35 U.S.C. § 103 as follows: claims 6,                 
               7, 9-13, 17-21, 23, 26 and 27 over Pozzobon in view of Garbuio and                           
               Clement, and claims 8, 15, 16, 22, 24, 25 and 28 over Pozzobon in view of                    
               Garbuio, Clement and Breuner.                                                                
                                                OPINION                                                     
                      We reverse the aforementioned rejections.  We need to address only                    
               the independent claims, i.e., claims 8, 13 and 28.                                           

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