Appeal 2007-1313
Application 10/162,098
STATEMENT OF THE CASE
Appellant seeks our review under 35 U.S.C. § 134 of the Examiner’s final
rejection of claims 6-91. We have jurisdiction under 35 U.S.C. § 6(b) (2002).
SUMMARY OF DECISION
We REVERSE.
THE INVENTION
Appellant’s claimed invention is to a tongue structure for use in a boot.
Claim 6, reproduced below, is representative of the subject matter on appeal.
6. A tongue structure for use in boot, said tongue
structure comprising an upper layer formed of a rigid
protective material, a lower layer formed of a resilient
stretchable material, said upper layer being secured to
said lower layer along marginal side edges thereof, said
upper layer being spaced from said lower layer
intermediate said side marginal edges to thereby provide
an air space between said upper and lower layers, the
arrangement being such that when said tongue is used in
a boot, the foot of a user will contact said lower layer
with said upper layer being spaced therefrom in a central
region.
1 Claims 1-17 are pending in the application. Claims 10-16 are allowed and
Appellant dropped claims 1-5 and 17 from this appeal (Br. 2).
2
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