Appeal No. 1998-2081
Application No. 08/562,009
This is a decision on an appeal from the examiner’s final
rejection of claims 1-18 and 20-24, all the claims currently
pending in the application.1
Appellants’ invention pertains to an “improved cushioned
footwear of the type such as goodyear welt constructed
footwear” (specification, page 1). Claim 1 is representative
and reads as follows:2
1. An improved footwear of goodyear welt construction
including an upper [60], an insole [10] having a forward and
rear heel portion and an opening in the heel portion thereof,
an outsole [19] having a forward and rear heel portion and an
opening thereof in alignment with said opening in the heel
portion of the insole, a heel [20], nails [21, 22] which
extend into the heel portion of said insole and said outsole
but not into the openings in the heel portion of said insole
and said outsole and a cushioning element [24] having a heel
plug [28] which extends into the openings in said insole and
said outsole.
The references relied upon by the examiner as evidence of
obviousness are:
Hurley 1,718,906 Jun. 25, 1929
Blakely 1,781,715 Nov. 18, 1930
Cohn 1,993,208 Mar. 5,
1935
1An amendment filed subsequent to the final rejection
canceling claim 19 has been entered.
2The bracketed reference numerals added to the claim
relate the claim elements to appellants’ Figure 1.
2
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