Appeal No. 2000-2040 Page 6
Application No. 09/027,867
2. Are any of the pending claims anticipated under 35 U.S.C.
§ 102(b) by U.S. Patent No. 3,656,245 (of record) to Wilson? As
shown in Figures 3 and 4 of Wilson, the athletic shoe cleat does
include webs 18 having a surface with an outward angulation.
3. Are any of the pending claims obvious under 35 U.S.C. § 103 by
the combined teachings of Dassler (cited above) and U.S. Patent
No. 3,859,739 (of record)? That is, from the teachings of U.S.
Patent No. 3,859,739 would it have been obvious at the time the
invention was made to a person having ordinary skill in the art
to modify Dassler's cleat shown in Figures 1-2 to be able to be
screwed into a threaded insert on the outsole of a sports shoe,
by means of a threaded extension and if so, does this result in
the subject matter of any of the pending claims?
CONCLUSION
To summarize, the decision of the examiner to reject claims
1, 2, 5, 6, 9, 10, 15, 16 and 21 under 35 U.S.C. § 103 is
reversed. In addition, the application has been remanded to the
examiner for further consideration.
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