Appeal No. 97-3173
Application No. 08/462,310
pending in this application.2
We REVERSE.
According to appellants, the invention is directed to a
golf shoe having a sole portion including a heel section, a
shank section, a metatarsal section and a toe section and a
spike socket frame embedded in and extending throughout all
sections of the sole portion (brief, page 2). Claim 43 is
illustrative of the subject matter on appeal and is reproduced
below:3
43. A golf shoe comprising:
a sole portion having heel, shank, metatarsal and
toe sections; and
a single frame embedded in the sole and extending
across all sections, wherein the frame includes a
plurality of spike sockets that are located in each of
the sections and are approximately planar, and wherein
the frame further includes rod shaped ribs that
interconnect each of the spike sockets to at least two
other spike sockets.
The prior art references of record relied upon by the
examiner in rejecting the appealed claims are:
Claim 43 was amended and claims 27 through 42 and 46 were canceled,2
subsequent to the final rejection. See Paper No. 15.
Claim 43 as reproduced in the "Appendix" to appellants' brief is3
incorrect.
2
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