Ex Parte Hirayama - Page 3

               Appeal 2007-0197                                                                             
               Application 10/076,956                                                                       

                                                 Claim 13                                                   
                      The Appellant’s claim 13 requires first and second banana-shaped                      
               pads located respectively in outer and inner sides of a boot liner ankle                     
               section, the pads being constructed of a different material than a                           
               thermoformable layer located on the inner and outer sides of the ankle                       
               section.                                                                                     
                      Pozzobon discloses an interboot comprising an outer lining (2)                        
               coupled to a first layer (3) of thermoformable material having holes (4)                     
               passing through it and the outer lining (col. 2, ll. 50-54; fig. 2).  Coupled to             
               the first layer is a second layer or film (5) of vapor-permeable material                    
               having one or more channels (7) therein (col. 2, ll. 65-60).  The inner surface              
               of the second layer or film may have thereon an inner lining (8) (col. 3, ll.                
               20-22).                                                                                      
                      Garbuio discloses a foot-fitting boot liner insert comprised of a                     
               flexible sheet outer material (2) inside which is an elastomeric core (4)                    
               sandwiched between a pair of resin-impregnated fabric layers (3) to form an                  
               airtight envelope around the core (col. 2, ll. 10-14; 21-24).  An enclosed                   
               seam (7) around the fabric layers forms two major lateral areas (A), one on                  
               each side of the insert (col. 2, ll. 14-17; fig. 2).  Garbuio discloses a pair of            
               elastic pads, the entire discussion regarding which is as follows:                           
                      [A] pair of elastic pads 8 (one on each side) may be juxtaposed with                  
                      the insert 2 in the region of the ankles for additional protection, the               
                      material of these pads being substantially denser than that of the core               
                      portion 4a.  Pads 8 may consist of the same solid (i.e. nonfoamed)                    
                      elastomeric material as the core portions 4 surrounding the area A,                   
                      e.g. polyurethane.  Any lateral pressure acting upon this pad will be                 
                      distributed by the resilient core 4a over the entire area A for effective             


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