Appeal No. 97-3708
Application 08/418,321
various solutions, drying the layers deposited on the form,
etc.) consistent with that method. In addition, claim 18 sets
forth in the last paragraph thereof the step of “donning said
shoe cover over a foot during a medical procedure.” Clearly,
this step is not consistent with a method of forming a shoe
cover, but rather relates to a method of using a shoe cover.
It is not clear whether claim 18 is directed to a method of
forming a shoe cover (as called for in the preamble of the
claim and as consistent with the majority of the steps
appearing in the body of the claim), a method of using a shoe
cover (as the “donning” step would appear to indicate), or a
mixed method of both forming and using a shoe cover (as one
might presume from reading the method steps appearing in the
body of the claim without regard for the preamble).
Further, even if we were to consider claim 18 to be drawn
to a mixed method of forming and using a shoe cover, as
appellants would apparently have us do, we would have serious
reservations about the claim. The purpose of the requirement
stated in the second paragraph of 35 U.S.C. § 112 is to
provide those who would
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