Appeal No. 1997-1268
Application 08/319,096
We refer to the Final Rejection (Paper No. 21) (pages
referred to as "FR__") and the Examiner's Answer (Paper
No. 28) (pages referred to as "EA__") for a statement of the
Examiner's position and to the Appeal Brief (Paper No. 27)
(pages referred to as "Br__") for a statement of Appellants'
arguments thereagainst.
OPINION
The claims are argued as standing or falling together
with independent claim 27. Therefore, we examine the
teachings of Barry and Hannibal applied to this claim.
Appellants admit "that Barry shows an outer sole (16)
made of rubber, an intermediate layer (spring plate 20)
having controlled torsional and flectional rigidity, and an
upper comfort layer (18)" (Br3). As shown in figure 4, the
spring plate 20 terminates a small amount from the front and
heel ends of the midsole "to prevent the rather sharp edges
of the plate from cutting anything or anyone, and to allow
adequate adhesive area between the overlying midsole and the
underlying outsole in these areas" (col. 4, lines 62-65).
"The spring plate is tapered down in the rear to extend
primarily beneath the medial portion of the heel region, and
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