Appeal No. 97-3708
Application 08/418,321
final rejection. The first amendment after final rejection
(Paper No. 7, submitted November 20, 1996) has been refused
entry (see the advisory letters mailed November 29, 1996 and
January 13, 1997). The second amendment after final rejection
(Paper No. 13, submitted February 24, 1997) has been entered
(see the advisory letter mailed March 28, 1997).
Appellants’ invention pertains to a method of forming a
shoe cover. Independent claim 11, a copy of which is found in
the appendix to appellants’ brief, is illustrative of the
appealed subject matter.
The references of record relied upon by the examiner in
support of a rejection under 35 U.S.C. § 103 are:
Bodle 2,037,113 Apr. 14, 1936
Marx et al. (Marx) 2,617,208 Nov. 11, 1952
Stockum 4,047,251 Sept. 13, 1977
Claims 11-18 stand rejected under 35 U.S.C. § 103 as
being unpatentable over Marx in view of Stockum and Bodle.2
2In the final rejection, claim 18 was also rejected under
35 U.S.C. § 112, second paragraph. Since (1) the advisory
letter mailed March 28, 1997 indicated that the amendment
after final submitted February 24, 1997 would be entered and
that said amendment overcame the § 112, second paragraph,
rejection, and since (2) no mention of this rejection has been
made by the examiner in the answer, we presume that the
examiner has withdrawn the final rejection of claim 18 on this
-2-
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