Appeal No. 2002-1080 12
Application No. 09/372,149
insole 12 comprises a quilted, padded material, and with the commonly accepted
meaning of the term “quilt,”3 we find that Greco’s insole 12 comprises a plurality of
layers of material that are firmly stitched together, with the stitching occupying only a
small portion of the total area of the insole. We consider that the addition of a quilted
layer such as that disclosed by Greco into the footwear of McCarthy would have been
obvious to one of ordinary skill in the art in order to gain the benefit of additional
cushioning taught by Greco. The modified McCarthy shoe would respond to the
requirement of claim 4 in that the resulting footwear would include a plurality of layers
(i.e., the stitched together layers of the quilted insole). In addition, the modified
McCarthy shoe would also respond to the requirement of claim 7 since the insole would
comprise a plurality of layers “quilted” together with the quilting occupying only a smaller
area of the total area of the footwear.
For these reasons, we shall sustain the rejection of claim 7.
Claims 9-16 and 20
Independent claim 9 is directed to a foot protector comprising a cushion member
“that easily conforms to a bottom surface of a wearer’s foot.” In rejecting claim 9, the
3Webster’s II New Riverside University Dictionary, Riverside Publishing
Company, copyright © 1984 by Houghton Mifflin Company indicates that the noun
“quilt” may mean “1. A bed covering consisting of two layers of fabric with a layer of
batting or feathers between and stitched firmly together, usu. in a decorative pattern,”
and that the verb “quilt” may mean “1. To make into a quilt by stitching together (layers
of fabric).”
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