Appeal No. 1999-0256 Page 3
Application No. 08/828,616
Rather than attempt to reiterate the examiner’s full
commentary with regard to the above-noted rejections and the
conflicting viewpoints advanced by the examiner and the
appellant regarding the rejections, we make reference to the
Examiner’s Answer (Paper No. 26) and the Appellant’s Brief
(Paper No. 25).
OPINION
The appellant’s invention is directed to a moldable insert
for a shoe that is customized to the user’s foot. The insert
comprises a flexible pouch containing a curable material and
means for rendering the curable material thixotropic. The user
can install the insert in a shoe, place the sole of the foot
upon it, which renders the insert moldable by virtue of its
thixotropic property, and then immediately remove the foot,
whereupon the thixotropic material holds this form until the
material is fully cured. The advantages are two-fold: First,
a material with a long curing time can be used so that the user
need not hurry to complete the impression portion of the
procedure, as is the case when materials with a short cure time
are used. Second, the foot need not remain in the shoe for the
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