Appeal No. 1998-0210
Application No. 08/149,193
rejection of claim 133 on this same ground, as explained
below.
Claims 120 and 135, dependent from claims 113 and 134,
respectively, require “ribs”, while claim 133, dependent from
claim 123, requires “traction means”.
The examiner is of the view (answer, pages 7 and 8) that
Jordan, Jr. teaches the claimed invention except for the exact
shape of the flange portion and that the claimed shape would
have been suggested by the showing (Fig. 4) in the Zaleski
patent
As to claims 120 and 135, it is clear to us that the
teaching of Zaleski simply does not overcome the rib
deficiency of the Jordan, Jr. reference, as earlier discussed,
notwithstanding its showing (Fig. 4) of a shock absorbing
spike for a golf shoe provided with an arcuate spike plate A1
(flange) and a single spike 27. Thus, we cannot sustain the
rejection of these claims.
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