Appeal No. 2001-0378 Page 2
Application No. 08/873,876
The appellant's invention relates to a resilient sole
having a controlled stiffness and slow shape recovery
following compressive deformation to provide enhanced
stability (specification, p. 1). A copy of the claims under
appeal is set forth in the appendix to the appellant's brief.
The prior art reference of record relied upon by the
examiner in rejecting the appealed claims is:
Pendergast 4,633,877 Jan. 6, 1987
Claims 1 to 18 stand rejected under 35 U.S.C. § 112,
second paragraph, as being indefinite for failing to
particularly point out and distinctly claim the subject matter
which the appellant regards as the invention.
Claims 1 to 18 stand rejected under 35 U.S.C. § 112, first
paragraph, as containing subject matter which was not described in
the specification in such a way as to enable one skilled in the art
to which it pertains, or with which it is most nearly connected, to
make and/or use the invention.
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