Ex Parte 6766598 et al - Page 8

             Appeal No. 2007-0382                                                                                   
             Reexamination 90/007,172                                                                               
                    4. The phrase “continuous layer that substantially covers the entire top,                       
                           bottom and side surfaces of the compressible structure” does not                         
                           preclude the presence of stitch holes on the “continuous layer”                          
                           because the phrase “substantially covers” does not specify that the                      
                           continuous layer is the only material to the exclusion of other                          
                           elements.                                                                                
                    5. Neither appealed claim 1 nor the ‘598 patent specification necessarily                       
                           limits the recited “flexible outer coating forming a continuous layer”                   
                           to be formed by dipping or immersing the insole into a vinyl polymer.                    
                    6. The Patent Owner has proffered no evidence to demonstrate any                                
                           structural  (chemical or physical) difference between a layer formed                     
                           by dipping or immersing the insole into a vinyl polymer and a layer as                   
                           described in the applied prior art.                                                      
                    7. The ‘598 Patent enlightens one skilled in the relevant art as follows:                       
                           “The insole 14 includes an inner structure 30 that may be foam-like                      
                           [i.e., the compressible structure] and is at least partially, if not                     
                           substantially wholly, encapsulated in a water-proof, water-repellant                     
                           and/or water-resistant sealant coating 32 [i.e., the flexible outer                      
                           coating].”  (Emphasis added; ‘598 Patent, col. 3, lines 19-23; Fig. 5                    
                           and 6.)                                                                                  

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