Appeal No. 97-3708
Application 08/418,321
consider the flat form of Stockum, which is used to produce
thin and extremely pliable surgical or household gloves
(column 1, lines 9-10 and line 40), to be a feasible way to
make a reinforced overshoe like that of Marx.
Furthermore, one of ordinary skill in the art would
regard the Bodle reference additionally relied upon by the
examiner as adding little if anything to the proposed
combination of Marx and Stockum. In Bodle the layer formed on
the flat form 22, 23, upon
being stripped from the form and turned inside out,
is suitably trimmed at its ends, slit at the front,
and is shaped upon a foot-shaped last 28 to provide
a shoe upper. The various other shoe components,
such as the insole and outsole and lining are
assembled with it upon the last in any desired
manner and the whole then vulcanized upon the last
whereupon all parts will have the desired final
shape. [Page 2, left column, lines 8-16.]
Thus, in Bodle the layer formed on the flat form 22, 23 is but
one component of the finished vulcanized shoe. For this
reason, Bodle is simply inapposite the teachings of Marx and
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