Appeal No. 97-3173
Application No. 08/462,310
of the sole portion (main brief, pages 6 and 7). The4
examiner, on the other hand, asserts that Figure 10 of Austin
shows at least two spike sockets in the shank section (answer,
page 5). Our review of Austin, however, fails to reveal any
teaching or suggestion that the members 40 which are most
distant from the toe section in Figure 10 of Austin are
located or should be located in the shank section of the sole.
Austin neither describes the sole as including spike sockets
in the shank section nor illustrates the "linkage" of Figure
10 incorporated into a shoe sole. Accordingly, we agree with
appellants that Figure 10 of Austin would not have suggested
locating spike sockets in the shank section, of the sole
portion. Our review of Bernier and Strickland reveal that
they suffer from the same deficiency.
The shank section is defined at page 10 of the specification as the4
section of the sole that underlies the arch of the foot and is illustrated as
the section between lines CC and DD in Figure 2 of appellants' drawings.
5
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