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. 4Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 3, 2007