Appeal No. 2001-1402
Application 09/287,838
closure as
described by appellant at page 30, lines 8 to 22 of the
specification and shown in Figs. 49 and 50, the straps 895
would pass across inner member 2 of Gourley, through a loop or
opening on opposite flap 894, and back, the overlapping
portions of the straps interconnecting by means of the hook
and loop fasteners thereon (page 30, lines 18 to 22). Thus
the straps would be anchored to base 2 of Gourley’s device in
essentially the same manner as laces 7, in that outer member 4
would fold down over the interengaged straps. The second
means would not interfere with operation of the hook and loop
closure in that the straps and the openings through which they
pass would still be accessible, just as the eyelets in the
shoe for Gourley’s laces 7 are. Thus, since Gourley discloses
structure capable of performing the functional limitations of
the second means, it meets that means. RCA Corp. v. Applied
Digital Data Sys., Inc., 730 F.2d 1440, 1444, 221 USPQ 385,
388 (Fed. Cir. 1984).
No other distinctions between claims 14 and 15 and
10
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