Appeal No. 1998-1608 Page 6
Application No. 08/429,926
1578, 27 USPQ2d 1129, 1131 (Fed. Cir. 1993); In re Sichert,
566 F.2d 1154, 1164, 196 USPQ 209, 217 (CCPA 1977). See also
In re Dembiczak, 175 F.3d 994, 999, 50 USPQ2d 1614, 1617 (Fed.
Cir. 1999).
Hicks discloses a therapeutic foot orthosis. As shown in
Figures 2, 4, 5 and 7, the therapeutic foot orthosis includes
a liner 30 which is formed to provide an extension or flap 50
adapted to overlie the foot 22 of a user. The outer surface of
the flap 50 carries areas or patches 50a of a heavy duty
fabric, exemplified by nylon, having releasable fastening
means of the hook type provided thereon which cooperate with
releasable fastening means of the loop type provided on one
surface of an elongated strip 52 of a heavy duty fabric
secured as by stitching to the outer margin of the foot
engaging portion of the liner 30 opposite to that on which the
flap 50 is carried. Hicks teaches (column 3, line 50, to
column 4, line 25) that
the heel 18 of a user is maintained in fixed, stable,
spaced relation to the inner surface 16 of the heel
portion 16 of the structure 10 by means of a padded
member 60 secured at one of its ends to a strap 62
attached as by stitching to the reinforcing layer 40
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