Appeal No. 2007-0382
Reexamination 90/007,172
covering is “seamless”, it is also possible that it is stitched at the bottom of the
insole. Anticipation by inherency cannot be established by mere possibilities or
probabilities.3 In re Robertson, 169 F.3d at 745, 49 USPQ2d at 1950-51.
ORDER
For these reasons, it is:
ORDERED that the Examiner’s rejections of: (i) claims 1-8 and 11-16 under
35 U.S.C. § 102(e) as anticipated by Cole and (ii) claims 9 and 10 under 35 U.S.C.
§ 103(a) as obvious over Cole are AFFIRMED; and
FURTHER ORDERED that the examiner’s rejection of claims 17-20 under
35 U.S.C. § 102(e) as anticipated by Cole is REVERSED.
3 We make no determination as to whether one of ordinary skill in the art
would have found the subject matter obvious over Cole and other prior art.
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