Appeal No. 96-2779
Application 08/151,944
(Paper No. 11).
The opposing viewpoints of appellant are set forth in the
brief (Paper No. 10) and the reply brief (Paper No. 12).
The § 103 Rejection of Claims 1, 3, 4 and 7-14
Based on Brown and Moorhead
Brown pertains to “[a] disposable sandal . . . adapted to
apply an advertising message repeatedly into sandy soil at a
beach or the like” (abstract). As illustrated in Figure 1,
“[t]he lower exposed surface 16 of the sole 12 is integrally
molded with projections 18 defining a mirror image advertising
message” (column 2, lines 25-28). As the individual wearing
such a sandal walks along a beach, the message is stamped
repeatedly along the sand. See Figure 2.
Moorhead relates to an apparatus and process for forming
a pattern in the surface of wet, compliant concrete. As
explained in column 1 of Moorhead in the background section of
the specification, it is sometimes desirable for aesthetic
purposes to provide a pattern in the surface of concrete to
simulate hand laid bricks, stones, cobblestone, etc.
According to Moorhead, this effect had been effectuated by
-3-
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