Appeal No. 1999-0256 Page 5
Application No. 08/828,616
for example, Uniroyal, Inc. v. Rudkin-Wiley Corp., 837 F.2d
1044, 1052, 5 USPQ2d 1434, 1439 (Fed. Cir.), cert. denied, 488
U.S. 825 (1988).
Lyden discloses a personalized insert for a shoe which
comprises a resilient material and a reagent for causing it to
cure. Like the appellant’s invention, the insert is installed
in a shoe and an impression is taken of the user’s foot prior
to the time at which the material in the insert becomes cured.
Lyden recognizes the problem of properly holding the impression
of the user’s foot until curing of the material is complete,
and solves it by utilizing a material that has a short cure
time, for example, 5-15 minutes, teaching that the user’s foot
must remain “relatively motionless” until the material has set
or cured (column 14, lines 5-31). The Lyden insole material is
not disclosed as having thixotropic properties.
The Bradley patent is directed to a strip which will form
a rigid shoe shank when applied to the bottom of an insole and
cured. The strip includes a carrier sleeve that contains a
plurality of fiberglass strands in a thermosetting plastic
matrix. It is initially flexible and is put in place over the
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