indirectly on claim 13. Bourdeau claim 13 requires that the
journal attachment be positioned on a medial side of the boot,
along a journal axis forming an angle of between 20 and 40o o
with respect to the longitudinal median plane of the boot.
Bourdeau claims 27 and 28 require that the heel member (claim
28 - rear portion) and leg member (claim 28 - rigid back
portion) of the boot be pivotally attached at a pivot location
that is offset from the longitudinal median plane.
Okajima argues that DE ‘503 and/or US ‘041 teach the
features of Bourdeau’s claims 13, 27 and 28 with the exception
of the pivot being offset from the longitudinal median plane.
(Paper 51 at 30-31). Okajima relies on EP ‘400 to teach the
claimed pivot location. Okajima argues that the motivation to
combine DE ‘503 and/or US ‘041 with DP ‘400 may be found in AT
‘637 and DE ‘746. (Paper 51 at 31-33).
We disagree that there is a suggestion or teaching in the
prior art of record to make the modification to either the DE
‘503 or US ‘041 snowboard boot such as to offset the journal
from the longitudinal median plane of the boot as claimed in
Bourdeau claims 13, 27 and 28. EP ‘400 describes a ski boot
with two journals 13 and 15 located on opposite sides of a ski
boot. (Findings 25 and 26). The journals are offset from
each other to provide a swiveling action longitudinally and
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