Appeal No. 2001-1450
Application 08/477,640
(Fig. 15); no such sole structure is found in Giese. The portion
of the shoe sole in Giese that is located beneath the intended
wearer’s foot sole location is flat.
In summary: the decision of the examiner to reject claims
22, 63, 64, 66 through 70, 72, 88, 89, 92 through 94 and 96
through 101 under 35 U.S.C. § 102(b) as being clearly anticipated
by Bretschneider is not sustained. Likewise, the examiner’s
decision to reject claims 22 and 66 through 70 under 35 U.S.C.
§ 102(b) as clearly anticipated by Giese is not sustained.
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