Appeal No. 2002-0480
Application 09/224,649
over Parker in view of Craver or Pipes, the standing 35 U.S.C.
§ 103(a) rejection of claim 13 as being unpatentable over Parker
in view of Fitchmun, the standing 35 U.S.C. § 103(a) rejection of
claims 5 through 9, 12 and 14 as being unpatentable over Parker
in view of Anderie or Sasaki, or the standing 35 U.S.C. § 103(a)
rejection of claims 5 through 9, 12 and 14 as being unpatentable
over Parker in view of any one of Misevich, Turner, Frachey ‘060,
Frachey ‘896, or Bacchiocchi.
III. New ground of rejection
The following rejection is entered pursuant to 37 CFR
§ 1.196(b).
Appealed claims 1 through 9 and 11 through 14, and
heretofore allowed claims 19, 20, 23, 24, 26 and 27, are rejected
under 35 U.S.C. § 112, second paragraph, as failing to
particularly point out and distinctly claim the subject matter
the appellant regards as the invention.
The scope of independent claims 1, 19 and 27, and dependent
claims 2 through 9, 11 through 14, 20, 23, 24 and 26, is unclear
for the following reasons.
In claims 1 and 27, the recitations that the bottom surface
of the sole piece has (1) a “smooth continuous surface” and (2) a
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