Ex parte ARTUS - Page 5




          Appeal No. 2001-0181                                                        
          Application No. 09/195,999                                                  


          specification (pages 3 and 6) which describes the first                     
          embodiment (elected species of Figs. 1 through 3; Paper No. 5)              
          as including an intermediate sole having a flexible                         
          intermediate zone, with the intermediate sole being made of a               
          semi-rigid plastic and comprising the intermediate flexible                 
          portion 6.  In light of the above, we conclude that the                     
          recitation of a "semi-rigid intermediate zone" in claim 1 is                
          definite in meaning, and would be understood by those versed                
          in the art.                                                                 


                             The obviousness rejections                               


               We do not sustain the rejection of claims 1, 12 through                
          16, 18, and 19 under 35 U.S.C. § 103 as being unpatentable                  
          over Wittmann as well as the rejection of claims 10, 11, and                
          17 under 35 U.S.C. § 103 as being unpatentable over Wittmann                
          and Spier.                                                                  


               Claim 1 is explicitly addressed to an alpine ski boot                  
          with the feature, inter alia, of "an intermediate sole (2)                  
          comprising a semi-rigid intermediate zone (6) to which are                  
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