Appeal No. 2000-1315
Application 09/152,563
and 10) indicates that such a tip protects the toe portion of
the upper against wear. In contrast, Famolare’s bowling shoe
tips (replaceable slide pads 16 and 44) extend along the
bottom of the shoe sole and do not cover or conform to any
part of the shoe upper. The examiner’s reliance on Bauer to
overcome this deficiency is not well founded.
Bauer discloses an athletic shoe set composed of a pair
of uppers 10, each associated with a plurality of replaceable
outsoles 26 having different treads suited to particular field
surfaces and conditions. Each outsole includes an upstanding
marginal strip 32 extending completely about its periphery for
covering and interlocking with the lower part of the
associated upper.
In proposing to combine Famolare and Bauer to reject
claims 1, 17 and 23, the examiner concludes that it would have
been obvious “to provide the removable tip [i.e., slide pad 16
or 44] of the bowling shoe of FAMOLARE with a[n] upwardly
extending flange and rim, as taught by Bauer, to further
secure or lock the shoe and the removable section together”
(answer, page 4). As persuasively argued by the appellant,
6
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007