Appeal No. 1999-2130 Page 4
Application No. 08/813,307
USPQ2d 1434, 1439 (Fed. Cir.), cert. denied, 488 U.S. 825
(1988).
The appellant’s invention is directed to solving a problem
that exists in performing a weight-training exercise known as
squats. In this exercise, to avoid potential injury, it has
been known to elevate the heel portion of the person’s foot,
such as on a board, as is shown in Figure 1. According to the
appellant, this has several disadvantages, which are alleviated
by the claimed method. As manifested in claim 1, the inventive
method comprises the steps of providing a wedge-shaped shoe
insert, placing it into the heel of a shoe, securing the shoe
to the user’s foot, and performing a weight-training exercise
while the insert is in the user’s shoe. In view of the
explanation of the invention in the specification, we interpret
the language of claim 1 as requiring that the “wedge-shaped
shoe insert” be placed into the heel portion of the cavity of
the shoe where the foot also is placed.
Claim 1 stands rejected as being unpatentable over
“Arrowsmith or Vassar in view of Official Notice.” As best we
can understand the statement of the rejection, “Official
Notice” encompasses: (1) the admission by the appellant that it
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