Appeal No. 2000-2008
Application No. 09/227,903
it is evident that it requires that the hold-down be so
positioned as to enable it to be pressed upon a location along
the portion of the shoelace which has been laid in a loop on
the second shoe marking. Since Bonfigli's hold-down tab 46 is
not located in a position to enable it to be pressed upon a
location along the shoelace loop which has been laid on the
second shoe marking 44, as shown in Fig. 4a, Bonfigli does not
anticipate claim 1.
We therefore will not sustain rejection (1) as to claim
1, or as to claims 2 to 5 dependent thereon.
Claim 6 reads:1
6. A shoe device comprising:
a plate which has front and rear portions and upper and
lower surfaces, with said upper surface of said plate marked
along said front portion to represent the front of a shoe;
said plate has means for holding a middle portion of a
shoelace that has opposite end portions;
said plate has a cutout forming a tab that is spaced from
said means for holding a middle portion to hold down [a]
location along one of said shoelace end portions to said
1We note that "said location" in line 8 of the claim has
no antecedent basis. In the interest of avoiding piecemeal
appellate review, we will construe this term as --a location--
, but it should be corrected in the event of further
prosecution.
4
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