Appeal No. 95-3510
Application No. 08/032,405
BACKGROUND
The appellants' invention relates to an athletic shoe with a
pressurized ankle collar for use in activities where plantar and
dorsi flexion of the foot occurs about the medial and lateral
malleoli of the foot.
The prior art references of record relied upon by the
examiner as evidence of obviousness under 35 U.S.C. § 103 are:
Keen 746,338 Dec. 8, 1903
Broecker et al. (Broecker) 2,103,108 Dec. 21, 1937
McCoy 2,276,502 Mar. 17, 1942
Gilbert 2,600,239 June 10, 1952
Bullard III 2,638,690 May 19, 1953
Nishimura 3,758,964 Sep. 18, 1973
Thedford 4,123,855 Nov. 7, 1978
Huang 4,670,995 June 9, 1987
Pagani 4,739,813 Apr. 26, 1988
Claims 1 through 8, 11, 29, 31 through 37, 39 through 42, 45
and 47 through 51 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Nishimura in view of Gilbert and Thedford.
Claims 9, 10, 37, 38, 43 and 44 stand rejected under
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