Appeal No. 1999-2107 Page 3
Application No. 08/926,299
Claims 27, 30-38, 43 and 48 also stand rejected under 35 U.S.C. § 135(b) as not
being made prior to one year from the date on which Cohen U.S. Patent No. 5,158,767
was granted (See MPEP § 2307.02).
Rather than reiterate the conflicting viewpoints advanced by the examiner and the
appellant regarding the above-noted rejections, we make reference to the Answer (Paper
No. 32) for the examiner's complete reasoning in support of the rejections, and to the Brief
(Paper No. 31) and Reply Brief (Paper No. 33) for the appellant's arguments thereagainst.
OPINION
In reaching our decision in this appeal, we have given careful consideration to the
appellant's specification and claims, to the applied prior art references, and to the
respective positions articulated by the appellant and the examiner. As a consequence of
our review, we make the determinations which follow.
The appellant’s invention is directed to a tennis type shoe having an inflatable pad
capable of having its internal pressure changed attached to the shoe, a built-in pump
attached to the shoe, and a passage within the shoe establishing communication between
the pad and the pump. As disclosed, the inflatable pad can be located in the sole of the
shoe or in the heel portion of the upper, the pump is attached to the pad by means of a
passage located within the shoe, and a one-way valve is attached to the pump.
The Rejection Under Section 112, First Paragraph
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