Appeal No. 1999-2107 Page 14
Application No. 08/926,299
We will not, however, sustain this rejection of dependent claim 38, which locates the
pad means in the shoe sole, as opposed to the shoe upper, as is specified in patent claim
6.
SUMMARY
The rejection of claims 27 and 30-33 under 35 U.S.C. § 112, first paragraph, is not
sustained.
The rejection of claims 34, 37, 38, 43 and 48 under 35 U.S.C. § 112, second
paragraph, is not sustained.
The rejection of claims 27, 30-38, 43 and 48 under 35 U.S.C. § 103(a) as being
unpatentable over Vermonet in view of Vaccari is not sustained.
The rejection of claims 27, 30-33, 35, 36, 38, 43 and 48 under 35 U.S.C. §
135(b) is not sustained.
The rejection of claims 34 and 37 under 35 U.S.C. § 135(b) is sustained.
The decision of the examiner is affirmed-in-part.
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