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
2
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Last modified: November 3, 2007