Appeal No. 1998-1430
Application No. 08/376,298
Appellant’s invention pertains to a shoe sole component
comprising flexible thermoplastic top and bottom sheets of
substantially uniform thickness having compressible
indentations molded therein. Each indentation defines a
recess opening to one side of the sheet and a projection
extending from the other side of the sheet. The sheets are
joined at their outer peripheries to define a cavity
therebetween such that a plurality of the projections of the
top and bottom sheets abut one another.
Independent claim 121, a copy of which is found in an
appendix to appellant’s brief, is illustrative of the appealed
subject matter.
The references of record relied upon by the examiner in
support of the appealed rejections are:
Staats-Oels 1,539,283 May 26, 1925
Derderian et al. (Derderian) 4,535,553 Aug. 20, 1985
The following rejections are before us for review:1
1In the previous office action, claims 121, 124-127, and
130-132 were also provisionally rejected under obviousness-
type double patenting. In that appellant has filed a terminal
disclaimer, and in that the examiner’s answer does not contain
a restatement of this provisional rejection, we assume it to
have been withdrawn. See Ex parte Emm, 118 USPQ 180, 181 (Bd.
App. 1957).
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