Appeal No. 2004-0136 Page 9
Application No. 09/761,340
regard, it appears to us that in the appellants’ invention it is not the length of the cables
that is altered, but the tension, as is clear from the explanation provided on pages 13
and 14 of the specification and the showing in Figures 13-16. This matter is the subject
of a new rejection under 37 CFR § 1.196(b), which is set forth below.
This rejection of independent claim 57 is sustained. Since the appellants have
chosen not to present arguments regarding the separate patentability of dependent
claims 58 and 59, which depend from claim 57, and independent claim 65 and
dependent claims 68 and 69, they fall with claim 57. See In re Kaslow, 707 F.2d 1366,
1376, 217 USPQ 1089, 1096 (Fed. Cir. 1983).
(3)
Claims 99-101 stand rejected as being anticipated by Ottieri. All three of theses
claims require, inter alia, that the second one of the three guides for the cables be
located on a front portion of the boot at a location lower than the first guide. The
reference does not state that the second guide (in portion 62) is lower than the other
two guides (80), and we do not share the examiner’s opinion that this is clear from
Figure 1. We therefore will not sustain this rejection.
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