Appeal No. 97-3708
Application 08/418,321
The
examiner has made the following finding:
Marx teaches a method of forming a shoe cover
(overshoe) substantially as claimed except for the
form (1) having first and second parallel lateral
sides and recesses covering substantially all of the
foot forming portion of the first and second sides.
Stockum teaches a method of forming a glove
comprising first and second parallel lateral sides
and recesses covering substantially all of the hand
forming portion of the first and second sides to
facilitate dipping of a larger number of forms
(column 2, lines 40-42) and to provide additional
surface area (column 5, lines 6-15). Bodle teaches
a method of forming a shoe cover comprising first
and second parallel lateral sides, a generally flat
form, to facilitate dipping of a larger number of
forms (page 1, column 1, lines 28-34) and to provide
a minimum of objectionable stretching to effect
shaping (page 1, column 2, lines 10-14). [Answer,
page 4.]
Based on the above, the examiner has made the following
conclusions of obviousness:
It would have been obvious to provide the [Marx]
method of forming a shoe cover as taught above with
the form (1) having first and second parallel
lateral sides and recesses covering substantially
all of the foot forming portion of the first and
second sides, in view of the teachings of Stockum
ground. Ex parte Emm, 118 USPQ 180, 181 (Bd. App. 1957).
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