Ex parte DEACON et al. - Page 2




                 Appeal No. 1998-0210                                                                                                                   
                 Application No. 08/149,193                                                                                                             


                          Appellants’ invention pertains to a removable golf shoe                                                                       
                 cleat.  A basic understanding of the invention can be derived                                                                          
                 from a reading of exemplary claim 113, a copy of which appears                                                                         
                 in  “APPENDIX A” to the main brief (Paper No. 40).                                                                                     


                          As evidence of obviousness, the examiner has applied the                                                                      
                 documents listed below:                                                                                                                


                 Hyatt et al                                  39,575                                       Aug. 18, 1863                                
                 (Hyatt)                                                                                                                                
                 Zaleski et al                                2,491,596                                    Dec. 20, 1949                                
                 (Zaleski)                                                                                                                              
                 Jordan, Jr.                                  3,583,082                                    Jun.  8, 1971                                
                 Studer                                       493,748                                      Aug. 20, 1919                                
                 (France)2                                                                                                                              


                          The following rejections are before us for review.3                                                                           

                          2Our understanding of this document is derived from a                                                                         
                 reading of a translation thereof prepared in the United States                                                                         
                 Patent and Trademark Office. A copy of the translation is                                                                              
                 appended to this opinion.                                                                                                              
                          3In paragraph 4. of section (11) of the answer (“Grounds                                                                      
                 of Rejection”), the examiner has included an advisory                                                                                  
                 regarding claims 128 and 129. While the paragraph is labeled                                                                           
                 “Double Patenting”, MPEP Section 706.03(k) referenced by the                                                                           
                 examiner provides for an objection under 37 CFR 1.75 when                                                                              
                 claims are substantial duplicates of one another such as in                                                                            
                                                                                                            (continued...)                              
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