Appeal No. 2003-0583
Application No. 09/270,688
by one of ordinary skill in the art. In re Sneed, 710 F.2d 1544,
1548, 218 USPQ 385, 388 (Fed. Cir. 1983). In my opinion, the
artisan would not regard Yanagida as describing an insole-milling
station. Further, I do not consider Yanagida's system capable of
meeting the functional limitation related to forming a custom-
made insole.
I am thus in ultimate agreement with the majority's decision
with respect to claim 13, in that Yanagida fails to anticipate.
)
) BOARD OF PATENT
HOWARD B. BLANKENSHIP ) APPEALS
Administrative Patent Judge ) AND
) INTERFERENCES
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