Appeal No. 2002-0225 Page 2
Application No. 08/332,275
BACKGROUND
The appellants' invention relates to a boot having a rigid tread sole and an insole
formed of soft, cushioning, light weight, thermal insulating material. A copy of the
claims under appeal is set forth in the appendix to the appellants' brief.
The prior art references of record relied upon by the examiner in rejecting the
appealed claims are:
Makovski 3,007,184 Nov. 7, 1961
Desma-Werke GmbH. GB 1,145,809 Mar. 19, 1969
(Desma-Werke)
Vibram S.P.A. FR 2,034,8281 Dec. 18, 1970
(Vibram)
Claims 19 to 21, 23, 25 and 26 stand rejected under 35 U.S.C. § 112, second
paragraph, as being indefinite for failing to particularly point out and distinctly claim the
subject matter which the appellants regard as the invention.
Claims 17, 19, 21, 25, 26 and 32 stand rejected under 35 U.S.C. § 102(b) as
being anticipated by Vibram.
1 In determining the teachings of Desma-Werke, we will rely on the translation provided by the
USPTO. A copy of the translation is attached for the appellants' convenience.
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