Appeal No. 2003-1349 Page 7
Application No. 09/768,969
obvious at the time the invention was made to a person of ordinary skill in the art to
have modified Bulzomi to include the claimed radiant barrier. We do not agree that
Bulzomi lacks the claimed radiant barrier. Claim 9 is readable on Bulzomi as follows:
A thermal foot cover for receiving a wearer's shoe-encased or boot-encased foot or a
wearer's foot (Bulzomi's work shoe which receives a wearer's foot) comprising an upper
cover portion having an ankle opening therethrough (Bulzomi's upper body (1) has an
ankle opening therein as shown in Figure 1) and a bottom panel attached to said upper
cover portion to define a cavity for receiving the wearer's shoe-encased or boot-
encased foot or wearer's foot (Bulzomi's sole (15) is attached to the upper body (1) to
define a cavity for receiving a wearer's foot), at least a portion of said upper cover
portion having an outer covering (Bulzomi's upper body (1) has an outer leather surface
(16)), an inner covering (Bulzomi's upper body (1) has an inner leather surface (17))
and a radiant barrier sandwiched between said outer covering and said inner covering
(Bulzomi's upper body (1) has a reflective material (6), such as perforated aluminum
foil, placed between the outer (16) and inner (17) leather surfaces), said radiant barrier
being adapted to reflect heat inwardly into said cavity (Bulzomi's reflective material (6),
such as perforated aluminum foil, inherently reflects internally generated heat inwardly
into the cavity as well as reflecting externally generated heat outwardly away form the
wearer's foot).
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