Ex Parte Bussiere - Page 4



             Appeal 2007-1313                                                                                    
             Application 10/162,098                                                                              
                   2. Gabrielli describes that once the tongue pocket 36 has been formed,                        
                          an injection gun 80 is used to fill the pocket with silicone (Gabrielli,               
                          col. 4, ll. 11-21).                                                                    
                   3. As such, prior to injection of the silicone, Gabrielli’s tongue structure                  
                          has an inner liner and an outer layer separated by an air space.                       
                   4. Gabrielli discloses that once the pocket has been completely filled                        
                          with silicone, then the silicone is left to vulcanize for about twenty                 
                          minutes (Gabrielli, col. 5, ll. 13-15).                                                
                   5. As such, during use of Gabrielli’s shoe, the tongue structure has an                       
                          inner liner and an outer layer separated by silicone.                                  
                   6. Gabrielli does not disclose that the inner lining is made of a resilient                   
                          stretchable material or that the outer layer is made of a rigid protective             
                          material.                                                                              
                   7. Hoshizaki discloses a tongue structure for a skate having “[a]                             
                          conventional inner liner 84 and leather or the like cover 86 stitched at               
                          88 about the periphery thereof (Hoshizaki, col. 5, ll. 50-53).                         
                   8. Hoshizaki discloses that two layers are inserted within the sandwich                       
                          created by the inner liner 84 and cover 86:  a base layer 90 of semi-                  
                          rigid material, such as molded closed cell polyurethane foam, and a                    
                          stiff layer 92 made of a rigid thermoplastic material (Hoshizaki, col. 5,              
                          ll. 53-63).                                                                            




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