Ex Parte Singleton - Page 8




          Appeal No. 2003-1119                                                        
          Application 09/756,588                                                      


          maintain the outer cuff taut against the remainder of the sock              
          when positioned as in Figure 1 of Meengs and taut against the               
          boot when the outer cuff or guard sleeve is folded over the boot            
          top as shown in Figure 2 of Meengs, we will sustain the rejection           
          of claim 5 under 35 U.S.C. § 103(a).                                        


          In accordance with appellant’s grouping of claims 5 through                 
          8 on page 4 of the brief, we conclude that claims 6 through 8               
          will fall with claim 1 and note that the examiner’s rejection of            
          those claims under 35 U.S.C. § 103(a) is likewise sustained.                


          As is apparent from our above determinations, the decision                  
          of the examiner rejecting claims 1 through 4 of the present                 
          application under 35 U.S.C. § 102(b) is affirmed, as is the                 
          examiner’s decision rejecting claims 5 through 8 under 35 U.S.C.            
          § 103(a).                                                                   










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