Appeal No. 2002-0225 Page 8
Application No. 08/332,275
The anticipation rejection based on Desma-Werke
We will not sustain the rejection of claims 19 to 21 and 25 under 35 U.S.C.
§ 102(b) as being anticipated by Desma-Werke.
Claims 19 to 21 and 25 are directed to a boot comprising, inter alia, a tread sole;
an upper secured to the tread sole; and a removable insole.
Desma-Werke's invention relates to a boot as shown in Figure 1 having a multi-
part sole 12 and an upper 11. The multi-part sole comprises an injection molded layer
13 and an outer sheathing 14. The injection molded layer 13 connects the outer
sheathing 14 and the upper 11.
The appellants argue (brief, p. 7; reply brief, p. 3) that claims 19 to 21 and 25 are
not anticipated by Desma-Werke since Desma-Werke's does not disclose a removable
insole. We agree. In that regard, we view the examiner's interpretation (answer, p. 8)
as to how the removable insole is met by Desma-Werke5 to be inconsistent with the
5 That Desma-Werke's insole (i.e., injection molded layer 13) could be removed if one desired to
do so.
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