Ex parte HOFFMANN - Page 2




          Appeal No. 1999-0256                                       Page 2           
          Application No. 08/828,616                                                  


          9-13 were allowable, leaving claims 1, 4-8 and 16 before us on              
          appeal.                                                                     
               The appellant’s invention as recited in the claims on                  
          appeal is directed to a self molding supportive insole for a                
          shoe.  The subject matter is illustrated by reference to claim              
          1, which reads as follows:                                                  
               1.   A self molding supportive insole for a shoe                       
          comprising a flexible pouch containing a curable material,                  
          means for rendering said material thixotropic whereby when                  
          thixotropic said material is moldable, retains its shape after              
          molding and before substantial curing, and is capable of curing             
          to retain its shape for supporting the arch of a foot, and                  
          means for curing said moldable material, wherein said pouch is              
          shaped and sized to fit beneath a user’s foot in a shoe.                    
                                    THE REFERENCES                                    

               The references relied upon by the examiner to support the              
          final rejection are:                                                        
          Bradley et al.  (Bradley)     4,236,268                Dec. 2,              
          1980                                                                        
          Lyden                         5,101,580                Apr. 7.              
          1992                                                                        


                                    THE REJECTION                                     
               Claims 1, 4-8 and 16 stand rejected under 35 U.S.C. § 103              
          as being unpatentable over Lyden in view of Bradley.                        








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