Appeal No. 96-3446
Application 08/327,147
Rejection (2)
Rejection (2) will not be sustained. Even if Bounous suggests that "the construction of the
opening [20] may be modified to offer more or less stretch in the opening" (answer, page 4), the
claimed subject matter would not have been obvious because there is no teaching or suggestion in
Bounous that the opening may be made sufficient to permit the entire foot of the wearer to pass through
it, as required by the rejected claims.
Rejections (3) and (4)
These rejections will likewise not be sustained, since neither Bédier nor Wormser supplies the
above-discussed deficiency of Bounous.
Rejection (5)
As noted above, the APA on which this rejection is based on consists of the declarations of
Score and Spencer, dated July 30, 1993, and August 12, 1993, respectively. Score, formerly a dancer
with the New York City Ballet, is the owner of a retail store in Saratoga Springs, New York,
specializing in products for dancers, and Spencer, a dance professional, is the owner and director of the
Dance Institute in Feasterville, Pennsylvania. The pertinent portions of the two declarations are
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