Ex parte SUSSMANN - Page 2

          Appeal No. 95-4148                                                          
          Application 08/113,661                                                      

          stands objected to as depending from a rejected base claim.                 
          Accordingly, the appeal with respect to claims 8 through 10 and             
          14 is hereby dismissed, leaving for our review the standing                 
          rejections of claims 1 through 7, 13 and 15 through 21.                     
               As characterized on page 1 of the appellant’s specification,           
          the invention                                                               
               relates to a shoe with a central closure attached to an                
               instep cover, to which a rope-like tightening element                  
               is coupled and from which the tightening element runs                  
               back and forth between guide elements on side parts of                 
               the shoe upper and guide elements on the instep cover                  
               along the throat area of the shoe.  More specifically,                 
               the invention is directed to such a shoe where guide                   
               elements on both sides of the shoe are connected, via a                
               tensioning strip, with at least a pair of instep                       
               supporting straps which run over the side parts of the                 
               shoe upper from at least an edge area of the sole, one                 
               of which is directed toward an area at or behind the                   
               metatarsophalangeal joints and the other of which                      
               extends rearward toward the heel of [the] shoe.                        
               Claim 1 is illustrative of the subject matter on appeal and            
          reads as follows:                                                           
               1.  Shoe with an upper formed at least in part of an                   
          elastically flexible material, a sole to which the upper is                 
          attached, an instep cover hinged to the upper at a lower end                
          thereof, a central closure attached to the instep cover in an               
          instep area, a wire-like tightening element coupled with the                
          central closure and running down one side of a throat area of the           
          upper and back up an opposite side thereof to the central                   
          closure, at each side of the upper the tightening element running           
          back and forth between guide elements on a tensioning strip and             
          guide elements on the instep cover, each tensioning strip being             
          formed as part of a structural unit for each side of the shoe,              
          said structural unit being a separate and independent part with             
          respect to said instep cover having at least two supporting                 

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