Appeal No. 2007-0382
Reexamination 90/007,172
Fig. 5 of the ’598 Patent is said to depict a cross-sectional view of the embodiment
of invention depicted in Fig. 1. In these figures, the relevant reference numerals
are: (10) footwear; (12) sole; (14) insole; (16) outsole; (26) apertures; (30) inner
structure; and (32) coating.
The Examiner rejected all of the ‘598 Patent claims as follows: (i) claims 1-8
and 11-20 under 35 U.S.C. § 102(e); and (ii) claims 9 and 10 under 35 U.S.C.
§ 103(a). (Examiner’s Answer at pages 3-5.) Claims 1 and 17 are representative
of the appealed claims and are reproduced as follows1:
1. A footwear comprising:
a flexible sole including an outsole and an insole, the insole
having:
1 Claim 1 as shown in the appendix to the appeal brief is not identical to the claim
1 of the ‘598 patent. According to the PTO electronic record, the claims of the
patent under reexamination have not been amended. In any event, we reach the
same decision regardless of which version of claim 1 is the correct version.
4
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