Appeal No. 2001-1402
Application 09/287,838
We also consider the “means for releasably securing”
recited in claim 1, construed in accordance with 35 U.S.C. §
112, sixth paragraph, to be met by Meier.
In the elected species of appellant’s invention, Figs. 27
and 28, the structure which corresponds to this means is slots
479 in base member 470, which slots may be provided to
accommodate shoelaces for attaching the device to a shoe (page
21, lines 21 to 26). Since Meier discloses the same
structure, namely, holes 16 in bottom member 3 to receive
shoelaces (col. 2, lines 42 to 47), it meets the claimed
means.
Claim 5 recites:
5. The accessory of claim 1, wherein the means supports
the figurine in an upright stance on the shoe.
Since Meier’s clown’s head 2 is “upright,” i.e., is
essentially vertical on the shoe as shown in Fig. 1, this
claim’s limitations are met.
Claim 6 recites:
6. The accessory of claim 1, wherein the means includes
an elongate strip extending lengthwise beneath the closure on
the shoe.
Appellant asserts that Meier’s bottom portion 3 is not “an
6
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