Appeal No. 2001-0181
Application No. 09/195,999
attached rigid extremities (7,8) extending beyond the upper at
the front and rear, against which holding elements of a
standard alpine ski binding interface."
As evidence of obviousness, the examiner applies the
patent to Wittmann which is exclusively focused upon a cross-
country ski boot, not an alpine ski boot as now claimed.
Other than by reliance upon impermissible hindsight and
appellant's own disclosure, it is quite clear to this panel of
the Board that the Wittmann teaching, in an of itself, would
not have been suggestive of converting a cross-country ski
boot to an alpine ski boot by the inclusion of an intermediate
sole comprising a semi-rigid intermediate zone to which are
attached rigid extremities extending beyond its upper at the
front and rear, against which holding elements of a standard
alpine ski binding would interface, as set forth in
appellant's claim 1. Since the evidence applied by the
examiner does not support a conclusion of obviousness as to
independent claim 1, the rejection of appellant's claims
cannot be sustained. As to the Spier reference, it likewise
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