Appeal No. 98-1538
Application No. 08/698,470
from a rear plane to a forward peripheral edge of the shoe,"
we have carefully reviewed the specification but find no
particular definition of "forward" plane. The specification
on page 8 states that:
The lower surface 19 is further divided into a rear
plane 27 and a forward plane 29. The wedge 15
increases in thickness forwardly from the rear
peripheral edge 25 to where the rear plane 27 meets
the forward plane 29, and remains substantially the
same thickness from this location to the forward
peripheral edge 21.
While this portion of the specification describes the forward
plane as extending to peripheral edge 21 of the shoe, no
particular definition of "forward plane" has been provided as
the appellants would apparently have us believe.
Dependent claims 30 and 31 have not been separately
argued with any reasonable degree of specificity and,
accordingly, these
claims fall with independent claim 1. In re Nielson, 816 F.2d
1567, 1572, 2 USPQ2d 1525, 1528 (Fed. Cir. 1987) and 37 CFR
§ 1.192(c)(7).
In view of the foregoing, we will sustain the rejection
of claims 1, 30 and 31 under 35 U.S.C. § 102(e) as being
anticipated by Fox.
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