Ex parte QUELLAIS et al. - Page 3




          Appeal No. 1997-1268                                                         
          Application 08/319,096                                                       

               for the distribution of shockwaves and stresses sensed                  
               by said ground contact layer and for their diffusion                    
               over said comfort layer before coming in contact with                   
               the foot, said intermediate layer extending over an                     
               entire surface of said ground contact layer and                         
               constituting a framework for the ground contact layer                   
               preventing deformation of the ground contact layer and                  
               thereby permitting it to be made of softer, more                        
               adherent rubber.                                                        

               The Examiner relies on the following prior art:                         
               Funck                    4,399,620            August 23,                
          1983                                                                         
               Hannibal                 4,651,445            March 24,                 
          1987                                                                         
               Banich et al. (Banich)   4,694,591       September 22,                  
          1987                                                                         
               Barry et al. (Barry)     5,052,130            October 1,                
          1991                                                                         
               Claims 27, 30, 34, 36 , and 38-41 stand rejected under2                                                  
          35 U.S.C. § 103(a) as being unpatentable over Barry and                      
          Hannibal.                                                                    
               Claims 29 and 31-33 stand rejected under 35 U.S.C.                      
          § 103(a) as being unpatentable over Barry, Hannibal, and                     
          Banich.                                                                      
               Claim 35 stands rejected under 35 U.S.C. § 103(a) as                    
          being unpatentable over Barry, Hannibal, and Funck.                          


            Since claim 36 depends from claim 29, it should be2                                                                       
          grouped with the rejection of claim 29.                                      
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