Appeal No. 2002-0022 Page 3
Application No. 09/161,071
BACKGROUND
The appellant's invention relates to a cleat removably mountable on footwear for
providing stability to a user while not causing damage to sporting facilities (specification,
p. 1). A copy of the claims under appeal is set forth in the appendix to the appellant's brief.
The prior art applied by the examiner in rejecting the appealed claims are:
Pierce et al. (Pierce) 2,292,238 Aug. 4, 1942
MacNeill et al. (MacNeill) 5,027,532 July 2, 1991
2
Castioni IT 467815 Oct. 20, 1953
Claims 39 to 48 stand rejected under 35 U.S.C. § 103 as being unpatentable over
Pierce in view of Castioni.
Claims 49 and 50 stand rejected under 35 U.S.C. § 103 as being unpatentable
over Pierce in view of Castioni and MacNeill.
Rather than reiterate the conflicting viewpoints advanced by the examiner and the
appellant regarding the above-noted rejections, we make reference to the answer (Paper
In determining the teachings of Castioni, we will rely on the translation of record provided by the2
appellant.
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