Appeal No. 2003-0598
Application 09/172,830
basis for these findings. That is, none of the cross country ski
boots disclosed by the applied references appears to have
surfaces capable of interlocking with a binding on an alpine ski
or an in-line roller skate.
Therefore, we shall not sustain the standing 35 U.S.C.
§ 102(b) rejection of claims 1, 2 and 8 as being anticipated by
Bourque, the standing 35 U.S.C. § 102(b) rejection of claims 1
through 3 as being anticipated by Gladek, the standing 35 U.S.C.
§ 102(e) rejection of claims 1 through 3 and 9 as being
anticipated by Donnadieu, or the standing 35 U.S.C. § 103(a)
rejection of claims 5 and 8 as being unpatentable over either
Donnadieu or Gladek in view of Bourque and Salzman.
SUMMARY
The decision of the examiner to reject claims 1 through 3,
5, 8 and 9 is reversed.
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