Appeal No. 2000-1315
Application 09/152,563
Independent claim 10 differs from independent claims 1,
17 and 23 in that it recites a “bowling shoe for retaining a
replaceable bowling shoe tip” which does not include the tip
as part of the claimed shoe. As defined in this claim, the
shoe comprises three elements: a bowling shoe upper, a bowling
shoe sole having a selectable traction area and a permanent
sole area, and means as part of the selectable traction area
for removably securing a selected bowling shoe tip thereto and
to the shoe upper. These elements find full response in
Famolare’s bowling shoe upper 12, bowling shoe sole 14 having
slide area 26, and hook or pile fastener material 32,
respectively. The functional language in the claim relating
to the bowling shoe tip merely defines the claimed shoe in
terms of its intended use. Since Famolare’s shoe is
inherently capable of such use, it meets these functional
limitations.
Thus, the subject matter recited in claim 10 is
anticipated by Famolare. Since anticipation is the ultimate4
4Anticipation is established when a single prior art
reference discloses, expressly or under principles of
inherency, each and every element of a claimed invention. RCA
Corp. v. Applied Digital Data Sys., Inc., 730 F.2d 1440, 1444,
221 USPQ 385, 388 (Fed. Cir. 1984).
9
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