Appeal No. 2002-1069 Page 4
Application No. 09/263,342
See In re Fine, 837 F.2d 1071, 1074, 5 USPQ2d 1596, 1598 (Fed. Cir. 1988) and In re
Lintner, 458 F.2d 1013, 1016, 173 USPQ 560, 562 (CCPA 1972).
Claim 1, the sole independent claim on appeal, reads as follows:
A ski boot having an upper, a front, and an instep, wherein the upper
comprises:
a shell (1) having sides made in plastic material of a variable volume, the
shell closing over the foot and the instep by two overlapping flaps (16, 17) and
provided with at least one device for closing and tightening (11, 12) comprising a
portion integral with the shell corresponding to an internal side of the foot and a
portion integral to the opposite side, external to the shell, the shell presenting
zones (14, 16, 18) of different rigidities; and
a cuff (2) rotatably joined to the shell at two opposed points (3, 4) in the
malleolar region, opening toward the front, provided with at least a closing and
tightening device (22, 23) and presenting likewise zones made of materials of
differing rigidity (19, 19a, 27, 28) including at least a more rigid zone and a lesser
rigid zone,
wherein the sides of the shell (1) are made of a less rigid material
permitting the support, on the sides of the shell, by a rigid heel zone (5)
extending toward the front by a lateral oblique band (10, 13) at least to a
tightening device (11) situated the most forward and which supports the
tightening device (11), in that the cuff (2) presents a more rigid zone comprising
two lateral flaps (19, 19a), by which the cuff is rotatably joined on the lateral
bands of the shell, and to at least a collar (20, 21) having a rearward portion, and
being connected to the flaps (19, 19a), and carrying the closing and tightening
device (22), and in that the rearward portion of the collar is connected to the heel
zone (5) of the shell by a joining component (24) having a rearward portion that
resists tension and compression, wherein further, on each side of the boot, the
oblique band (10, 13), the collar (20) and the joining component (24) form a rigid
triangular framework assuring the kinematics of the boot.
In the rejections before us, the examiner set forth (answer, pp. 3-6) various
changes to the in-line skate of either Olson '833 or Olson '526 that the examiner
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