Appeal No. 2001-1398
Application 09/289,171
an athletic training shoe insert form constructed to receive
the particles of weighted material embedded therein and to hold
the particles of weighted material in a fixed position; and
the athletic training shoe insert, including the particles
of weighted material and the insert form, being designed to be
received within an athletic shoe so as to allow a human foot to
be placed comfortably in the athletic shoe and to substantially
increase the weight of the athletic shoe for training purposes.
THE PRIOR ART
The references relied on by the examiner as evidence of
obviousness are:
Shanahan 3,517,928 Jun. 30, 1970
Miyata 5,758,435 Jun. 2, 1998
THE REJECTIONS
Claim 21 stands rejected under 35 U.S.C. § 112, second
paragraph, as failing to particularly point out and distinctly
claim the subject matter the appellant regards as the invention.
Claims 1 through 3, 5, 8 through 10 and 21 stand rejected
under 35 U.S.C. § 103(a) as being unpatentable over Shanahan in
view of Miyata.
Attention is directed to the appellant’s main and reply
briefs (Paper Nos. 12 and 14) and to the examiner’s answer (Paper
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