Appeal No. 2002-1268
Application 09/282,672
examiner would completely frustrate Huff’s objective of enhancing
the comfort of shoes and boots manufactured via the Goodyear welt
system. In this light, it is evident that the Huff references
actually would have led the artisan away from the proposed
modification, and that the only suggestion therefor stems from
hindsight knowledge impermissibly derived from the appellant’s
disclosure.
Accordingly, we shall not sustain the standing 35 U.S.C.
§ 103(a) rejection of independent claims 1 and 12, and dependent
claims 11 and 20, as being unpatentable over either Huff ‘491 or
Huff ‘801.
As the other prior art items applied by the examiner do not
cure the foregoing deficiency of the Huff references relative to
the subject matter recited in independent claims 1 and 12, we
also shall not sustain the 35 U.S.C. § 103(a) rejections of
dependent claims 2 through 10, 13 through 19, 21 and 22.
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