Appeal No. 98-1538
Application No. 08/698,470
Nancy C. Frye and Larry L. Uland (the appellants) appeal
from the final rejection of claims 1 and 28-34, the only
claims remaining in the application.2
We AFFIRM-IN-PART and, pursuant to our authority under
the provisions of 37 CFR § 1.196(b), we will enter new
rejections of claims 32-34 under 35 U.S.C. § 112, first and
second paragraphs.
The appellants' invention pertains to a shoe comprising a
combination reverse wedge and sole for wear below the sole of
a wearer's foot. Independent claim 1 is further illustrative
of the appealed subject matter and a copy thereof may be found
in APPENDIX A of the brief.
The references relied on by the examiner are:
Monier 2,769,252 Nov. 6, 1956
Whitaker 4,217,704 Aug. 19, 1980
Simoglou 4,370,818 Feb. 1, 1983
Fox 5,507,106 Apr. 16, 1996
(patent filed Jun. 18, 1993)
2Claims 28, 29 and 34 have been amended subsequent to
final rejection by an amendment filed on April 29, 1997 (Paper
No. 19). In an advisory action mailed on May 8, 1997 (Paper
No. 20) the examiner indicated that the amendment would be
entered for purposes of appeal and the "112 objections and
rejections" had been overcome. We observe, however, that no
clerical entry of this amendment has in fact been made.
2
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