Appeal No. 2001-2217
Application 09/358,532
DISCUSSION
Hale, the examiner’s primary reference, discloses a slipper
designed to be readily washed or cleaned. To this end, the
slipper comprises an upper 5 and a base portion made of any
suitable washable material such as cloth, toweling or canvas.
The base portion consists of an inner sole 1 and an outer sole 2
secured along their peripheries except at their rear ends 3. The
space between the soles defines a pocket 4 for removably
receiving a stiffening means 6 which maintains the slipper in an
operative shape. The rear end of the inner sole carries a flap 7
which can be sprung over the rear portion of the stiffening
member to retain it within the pocket.
Determining that Hale does not meet the limitation in
independent claim 1 requiring a plurality of inserts or the
various limitations in dependent claims 2 through 8 requiring
each of the inserts to comprise a hollow portion having a
different filling, e.g., water, gel, sand, spherical objects
and/or balls, the examiner takes the position that
there is nothing unobvious about providing more than
one inset [sic, insert] 6 for use with the slipper of
Hale so that the original maybe [sic, may be] replaced
when it becomes worn. Clearly, one of ordinary skill
in this art, as evidenced by the references of record,
would have found it obvious to employ the commonplace
3
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