Appeal No. 97-2615 Page 7
Application No. 08/293,681
expressly or inherently described, in a single prior art
reference. Verdegaal Bros. Inc. v. Union Oil Co., 814 F.2d
628, 631, 2 USPQ2d 1051, 1053 (Fed. Cir.), cert. denied, 484
U.S. 827 (1987).
Appellant admits that Walkhoff teaches each element of
claim 1 except a first tensioning system being released when
the shank part is in the relaxed position and a second
tensioning system disposed in said outer shell for pulling
said inner boot downwardly towards a sole of said outer shell
when said shank part is pivoted from the relaxed position and
locked in the latching downhill position.2
The examiner has stated that Walkhoff discloses a second
tensioning system which includes elements 22, 24, 50 and 50'
and that these elements are capable of pulling the inner boot
2We note that claim 1 recites "said first tensioning
system being released when said shank part is in the relaxed
position." However, the cable 34 of the first tensioning
system is not released when said shank part is in the relaxed
position. Rather, cable 34 is tightened and loosened by
tension disk 36 independent of the position of the shank part.
The examiner should consider whether the language of claim 1
regarding the first tensioning system is indefinite under 35
U.S.C. § 112, second paragraph.
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