Appeal No. 2007-0382
Reexamination 90/007,172
a flexible inner compressible structure having a top surface, a
bottom surface and a side surface extending around the outer
perimeter of the inner structure between the top and bottom surfaces;
and
a flexible outer coating forming a continuous layer that
substantially covers the entire top, bottom and side surfaces of the
compressible structure; and
a strap extending from the sole;
wherein the coating is a coating of vinyl polymer that forms a
water barrier and the inner compressible structure is a different
material than the outer coating.
17. A footwear comprising:
a flexible sole including an outsole and an insole, the insole
having:
a flexible inner compressible structure having a top surface, a
bottom surface and a side surface extending around the outer
perimeter of the inner structure between the top and bottom surfaces;
and
a flexible outer coating forming a seamless continuous layer
that substantially covers the entire top, bottom and side surfaces of the
compressible structure; and
a strap extending from the sole;
wherein the coating is a coating of vinyl polymer that forms a
water barrier and the inner compressible structure is a different
material than the outer coating.
The Examiner relied on the following prior art reference as evidence of
unpatentability.
Cole US 6,021,585 Feb. 8, 2000
The Patent Owner contends that Cole does not anticipate appealed claim 1
because it does not teach a continuous coating of vinyl polymer over a flexible
inner compressible structure. (Appeal Brief at page 3.) According to the Patent
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