Appeal No. 98-0464
Application 08/554,386
all the way around the bottom of the soleless
midfoot region between the forefoot and rearfoot
sole units. When the shoe is laced up, the saddle
provides a secure girth-like grip around the foot in
the midfoot region and flexibly hugs the foot just
in the midfoot region without constraining the
natural motions of the different parts of the foot
[column 3, lines 35 through 43].
The saddle 31 can be made of any suitable flexible material
such as vinyl or leather (see column 5, line 62, through
column 6, line 10).
Anticipation is established only when a single prior art
reference discloses, expressly or under principles of
inherency, each and every element of a claimed invention. RCA
Corp. v. Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444,
221 USPQ 385, 388 (Fed. Cir.), cert denied, 468 U.S. 1228. It
is not necessary that the reference teach what the subject
application teaches, but only that the claim read on something
disclosed in the reference, i.e., that all of the limitations
in the claim be found in or fully met by the reference.
Kalman v. Kimberly Clark Corp., 713 F.2d 760, 772, 218 USPQ
781, 789 (Fed. Cir. 1983), cert. denied, 465 U.S. 1026 (1984).
The examiner’s determination that the shoe recited in
independent claim 1 is anticipated by Misevich rests in part
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