Ex parte SUSSMANN - Page 5

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

               inasmuch as a number of hardnesses appear suitable                     
               depending on the individual wearer [answer, page 6].                   
               Berger discloses a variety of tensioning strip/supporting              
          strap structural units for use on a shoe, and contains a fair               
          suggestion that certain attributes of each may be mixed and                 
          matched.  Berger, however, does not teach and would not have                
          suggested a shoe having structural units meeting the above noted            
          limitations in claims 1 and 21.  The mere fact that Berger’s                
          tightening bands or supporting straps may be made of a                      
          transparent or translucent material as disclosed at column 11,              
          lines 62-66 and that Berger’s closing flaps or tensioning strips            
          may be made of a hard elastic material as disclosed at column 4,            
          lines 48-54 does not provide any reasonable basis for the                   
          examiner’s determination the tensioning strips have a greater               
          stiffness than the supporting straps.  Nor does Berger’s                    
          discussion of the Shore A hardness of the closing flaps or                  
          tensioning strips provide any suggestion that the stiffness of              
          these strips is, or should be, greater than that of the                     
          tightening bands or supporting straps.  Spencer, Pasternak and/or           
          Bernhard are of no avail to the examiner in this regard since               
          they do not cure the noted deficiencies of Berger vis-a-vis the             
          subject matter recited in claims 1 and 21.                                  


Page:  Previous  1  2  3  4  5  6  7  8  Next 

Last modified: November 3, 2007