Appeal No. 97-2313
Application 29/024,479
sole and the heel (page 1 of the revised brief; Paper No. 25).
Contrary to appellant’s expressed point of view, the
claimed ornamental design on appeal is directed to the
periphery “OF A SPRING SHOE”, more specifically, the SIDE,
UPPER AND SOLE PERIPHERY OF A SPRING SHOE, as shown and
described. We are uncertain, however, as to what portion of
the originally disclosed and claimed “SHOE WITH SPRING”
depicted in the drawings is the now claimed design for the
“SIDE, UPPER AND SOLE PERIPHERY” of a spring shoe. A periphery
is the external boundary or surface of a body, or the outward
bounds of something as distinguished from its internal regions
or center. The original disclosure of this design7
application does not inform us as to what constitutes the
side, upper and sole periphery of the spring shoe. The design
application is designated by appellant as a continuation of
Application Serial No. 08/169,225 (now U.S. Patent No.
5,435,079; copy attached to revised brief). The patent
Webster’s New Collegiate Dictionary, G. & C. Merriam Company,7
Springfield, Massachusetts, 1979.
7
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007