Appeal No. 97-1315
Application 08/264,976
constitute all of the claims of record in the application.
The appellant's invention is directed to an outer sole for wearing over footwear. The subject
matter before us on appeal is illustrated by reference to claim 1, which reads as follows:
1. An outer sole for wearing over footwear having toe and heel portions, such outer sole being
flexible and having toe and heel regions corresponding to the toe and heel portions of the footwear
wherein the toe region of the outer sole is curled upwards in the absence of the footwear, to press
preferentially against the toe portion of the lower surface of the footwear when the outer sole is
attached thereto to resist the entry and accumulation of snow or dirt between the footwear and the
outer sole.
THE REFERENCES
The references relied upon by the examiner to support the final rejection are:
Smith 3,019,533 Feb. 6, 1962
Beneteau 5,077,916 Jan. 7, 1992
Shimada 2,140,273 Nov. 28, 1984
(UK Patent Application)
THE REJECTIONS
Claims 10, 12, 14 and 16-20 stand rejected under 35 U.S.C. § 112, second paragraph, as
being indefinite for failing to particularly point put and distinctly claim the subject matter which the
appellant regards as the invention.2
2The portion of this rejection that was directed to claims 9, 11, 13 and 15 has been withdrawn
in the Answer (page 2).
2
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