Ex parte ABBEY - Page 2




          Appeal No. 98-2413                                                          
          Application 08/763,549                                                      




                    This is a decision on appeal from the examiner's                  
          final rejection of claims 11 through 14, all of the claims                  
          remaining in the application.  Claims 1 through 10 have been                
          canceled.                                                                   
                    Appellant's invention is directed to a stud for                   
          attachment to a sport shoe.  Independent claim 11 is repre-                 
          sentative of the subject matter on appeal and a copy of that                
          claim, as reproduced from the Appendix to appellant’s brief,                
          is attached to this decision.                                               


                    The prior art references of record relied upon by                 
          the examiner in rejecting the appealed claims are:                          
          Phillips                       2,682,714         July   6,                  
          1954                                                                        
          Swain                          5,243,775         Sept. 14,                  
          1993                                                                        
          Deacon et al. (Deacon)         5,259,129         Nov.   9,                  
          1993                                                                        


                    Claims 11, 12 and 14 stand rejected under 35 U.S.C.               
          § 103 as being unpatentable over Deacon in view of Phillips.                



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