Appeal No. 97-2615 Page 9
Application No. 08/293,681
is pivoted from the relaxed position and locked in the
latching downhill position. The examiner reasons:
The elements 22,24 extend over the inner
shoe 20 (column 3, lines 3-5 of Walkhoff)
and pulling elements 50, 50' are fastened
on each support element 22, 24 (column 3,
lines 43-44) and when the actuating lever
is rotated it provide[s] a tensile force to
pull elements 50, 50' causing a
displacement of support elements 22,24 in
the direction transverse to the
longitudinal direction A of the boot
(column 4, lines 50-56). The pulling
elements 50, 50' with the support elements
22, 24 will naturally pull said inner boot
20 back to the rear of the boot and
downwardly towards a sole of said outer
shell. [Examiner answer at pages 4 and 5].
We do not agree. Walkhoff does not disclose that the elements
22, 24, 50 and 50' form a tensioning system that pulls the
boot downwardly. Rather, Walkhoff discloses that elements 22,
24 are pulled transverse to the longitudinal direction A of
the boot
(Col. 4, lines 51-56). The examiner's finding that a second
tensioning system i.e. elements 33, 24, 50 and 50' of Walkhoff
pulls the outer shall downwardly toward the sole is mere
speculation.
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