Appeal No. 1997-1268
Application 08/319,096
going to depend on the order of the layers. The composite
laminate inner sole 30 is the top layer in Hannibal and
clearly has to extend over the entire surface of the mid
sole 18 and heel lift 20 to distribute forces thereover. In
Barry, the midsole 18 is at the top and distributes forces
over the composite laminate spring plate 20 and the outer
sole 16. We do not find any motivation in Hannibal to place
the composite laminate between the outer sole and the
midsole as in Barry. Barry teaches that if the composite
layer is between the outer sole and the midsole, it should
not extend over the entire surface of the outer sole.
Therefore, we are not persuaded that it would have been
obvious to one of ordinary skill in the art to extend the
spring plate 20 in Barry over the entire surface of the
outer sole 16, just because Hannibal discloses three layers,
each layer of which extend entirely over the layer below.
For the reasons stated above, we conclude that the
Examiner has failed to establish a prima facie case of
obviousness with respect to independent claim 27.
Accordingly, the rejection of claims 27, 30, 34, and 38-41
is reversed.
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