Ex Parte ELLIS - Page 4




            Appeal No. 2002-0363                                                                       
            Application No. 08/162,373                                                                 


            portions extending up the sole side at least to the height of a lowest point of the sole   
            inner surface of the same shoe sole side, as viewed in the shoe sole frontal plane         
            during an upright, unloaded shoe condition.                                                


                                           THE PRIOR ART                                               


                  The references relied on by the examiner to support the final rejection are:         


            Holcombe, Jr. (Holcombe)      3,964,181         Jun. 22, 1976                              
            Bergmans                      4,455,767         Jun. 26, 1984                              
            Robinson                      4,934,073         Jun. 19, 1990                              


                                          THE REJECTIONS                                               


                  Claims 93, 103, 122-124 and 126-141 stand rejected under 35 U.S.C. § 112, first      
            paragraph, as containing subject matter which was not described in the specification in    
            such a way as to reasonably convey to one skilled in the relevant art that the appellant,  
            at the time the application was filed, had possession of the claimed invention.            


                  Claims 93, 103, 122-124 and 126-141 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 the appellant regards as the invention.                           

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