Appeal No. 95-4148
Application 08/113,661
straps which run over the upper to at least an edge area of the
sole as permanent parts thereof with the tensioning strip, a
first of the supporting straps being directed toward an area at
least as far rearward as the metatarsophalangeal joints and a
second of the supporting straps extending rearwardly to a heel
part of the shoe and at least partially encompasses the heel at
least in the edge area of the sole; wherein the tensioning strips
have a greater stiffness than the supporting straps; and wherein
the tensioning strips, at least in an area at which the guide
elements are provided thereon, are made of a material that is
abrasion-resistant, hard and of a low coefficient of friction.
The references relied upon by the examiner as evidence of
obviousness are:
Spencer 2,591,211 Apr. 1, 1952
Pasternak 4,670,998 June 9, 1987
Bernhard 4,726,126 Feb. 23, 1988
Berger 5,117,567 June 2, 1992
The claims on appeal stand rejected under 35 U.S.C.
§ 103 as follows:
a) claims 1 through 7 and 19 through 21 as being
unpatentable over Berger in view of Spencer;
b) claims 13, 15 and 16 as being unpatentable over Berger in
view of Spencer, and further in view of Pasternak; and
c) claims 17 and 18 as being unpatentable over Berger in
view of Spencer, and further in view of Bernhard.
Reference is made to the appellant’s main and reply briefs
(Paper Nos. 17 and 19) and to the examiner’s answer (Paper No.
3
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