Ex parte KRULL - Page 8




          Appeal No. 2001-1402                                                        
          Application 09/287,838                                                      


               In view of the foregoing, rejection (1) will be sustained              
          as to claims 1, 5 and 6, as well as to claims 3 and 25 which                
          appellant has not argued separately from claim 1, but not                   
          sustained as to claim 7.                                                    
          Rejection (2)                                                               
               Claim 14 recites:                                                      
               14.  An accessory in combination with a shoe selected                  
          from the group consisting of a first type of shoe, having a                 
          lace-type closure, and a second type of shoe, having a hook-                
          and-loop-type closure, comprising:                                          
               a base;                                                                
               a first means, on the base, for selectively anchoring the              
          base to the lace-type closure on the first type of shoe                     
          without interfering with operation of the lace-type closure;                
               a second means, on the base, for selectively anchoring                 
          the base to the hook-and-loop-type closure on the second type               
          of shoe without interfering with operation of the hook-and-                 
          loop type closure; and                                                      
               an amusing object connected to the base and visible from               
          above in each said combination.                                             
               Gourley discloses a shoe in combination with a safety                  
          guard 1 for the shoe laces.  The guard has inner and outer                  
          hinged members 2, 4 with interengaging hook and loop material               
          9 on their facing surfaces.  A tab 5 on the inner member is                 
          snapped around a lace 7, and the ends of the laces are tied in              

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