Appeal No. 97-3173
Application No. 08/462,310
is
our conclusion that the evidence adduced by the examiner is
insufficient to establish a case of obviousness with respect
to independent claim 43. Accordingly, we will not sustain the
examiner's rejection of claim 43, and claims 44 and 45
dependent thereon, under 35 U.S.C. § 103. Our reasoning for
this determination follows.
Claim 43 recites 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 of the
sections. The frame is further defined in claim 43 as
including
a plurality of spike sockets located in each of the sections
of
the sole portion and rod shaped ribs interconnecting each of
the spike sockets to at least two other spike sockets.
Appellants argue that the applied prior art fails to
teach or suggest locating spike sockets in the shank section
4
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