Appeal No. 1999-2100
Application No. 08/850,825
See, for example, Uniroyal ,Inc. V. Rudkin-Wiley Corp., 837
F.2d 1044, 1052, 5 USPQ2d 1434, 1052 (Fed. Cir.), cert.
denied, 488 U.S. 825 (1988).
The appellant’s invention is directed to inexpensive
plastic slippers of the type that are disposable. Objectives
of the invention include providing such a slipper with soft
cushioning and smooth inner and outer surfaces, as well as
preventing the heel portion from folding under during use. As
manifested in independent claim 1, the invention comprises a
sole portion and a vamp portion, both of which are formed of a
material
having a substantially planar thermoplastic top web
and a substantially planar thermoplastic bottom web
spaced apart by a thermoplastic middle web . . .
being in the form of a plurality of bubbles bonded
to the top and bottom webs so that the bubbles are
hermetically sealed.
The claim concludes by stating that the bubbles provide a
cushioning property and the spaced apart webs stiffen the sole
to prevent it from folding under in use.
The examiner has rejected this claim as being
unpatentable over Krippelz in view Of Kolsky. Krippelz is
mentioned in the appellant’s specification as the type of
5
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: November 3, 2007