Ex Parte Farcot et al - Page 5



            Appeal 2007-1463                                                       Page 5                    
            Application 10/083,492                                                                           

                      o claims 1, 3, 5, 6, 7, 9, 13, 16-18, 24, 25, 29, 30, 35-38, 40, and 41 (Br.           
                         13-22);                                                                             
                      o claims 23 and 28 (Br. 22);                                                           
                      o claim 2 (Br. 22-23); and,                                                            
                      o claims 4 and 10 (Br. 23-24).                                                         

            Written description requirement of the first paragraph of 35 U.S.C. § 112                        
                   Appellants argue claims 35-38, 40, and 41 as a group. However, for reasons                
            discussed below, we will treat claims 35-37, and claims 38, 40, and 41 as separate               
            groups. Pursuant to the rules, the Board selects representative claim 35 to decide               
            the appeal with respect to the rejection of the former group and claim 38 for the                
            latter group.  37 C.F.R. § 41.37(c)(1)(vii) (2006).                                              
                   Claims 35 reads as follows:                                                               
                   35. A retaining assembly according to claim 16, wherein said single plate                 
                   has a predetermined size and shape, wherein said single plate is the only                 
                   plate of the retaining assembly having said predetermined size and shape,                 
                   the retaining assembly thereby not including a second plate having said                   
                   predetermined size and shape.                                                             
                   38. An assembly adapted to retain a boot on a sports apparatus, said                      
                   assembly comprising:                                                                      
                         a base adapted to be supported on the sports apparatus and adapted to               
                   support a sole of the boot, said base comprising:                                         
                                a through opening: and                                                       
                                a disk supportable above said through opening, at least two                  
                   elongated holes extending through a thickness of said disk, each of said two              
                   elongated holes being elongated in the same direction;                                    
                                                                                                            
            6 Claim 1 is reproduced infra.                                                                   




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