Ex parte DEACON et al. - Page 9




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


                 transmitting any load”.   As we see it, implicit in this7                                                                                            
                 argument, is appellants’ recognition that the ribs do transmit                                                                         
                 or distribute the weight of the golfer.  This is also evident                                                                          
                 from claims 119 and 132.  The underlying disclosure simply                                                                             
                 does not allocate any percentage of the load borne by the                                                                              
                 flange and by the ribs.  However, we perceive that one skilled                                                                         
                 in the art would understand that the side surfaces of the                                                                              
                 eight (8) ribs referenced above would be expected to                                                                                   
                 distribute a measurable amount of load (golfer weight), i.e.,                                                                          
                 not an inconsequential amount of weight as inferred from                                                                               
                 appellants’ earlier noted assessment of the ribs as performing                                                                         
                 their function “substantially without transmitting any load”.                                                                          
                 This perception on our part is buttressed by the showing in                                                                            
                 the unabridged videotape, submitted into the record by                                                                                 
                 appellants, wherein a depicted golf cleat with radiating ribs                                                                          
                 having a triangular shape (swirl embodiment) reveals side                                                                              
                 surfaces of each rib that can clearly be appreciated as being                                                                          




                          7We note that the examiner well appreciated that                                                                              
                 appellants’ traction ribs would also bear weight (answer, page                                                                         
                 12).                                                                                                                                   
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