Ex Parte Posa - Page 2




          Appeal No. 2004-0146                                                        
          Application 09/851,911                                                      



          As noted on page 1 of the specification, appellant’s                        
          invention relates generally to footwear and, in particular, to              
          footwear having a sole portion from which material may be                   
          selectively removed to create personalized imprinted images or              
          messages while walking on wet sand or other surfaces.  A                    
          preferred embodiment is shown in Figures 1, 4A and 4B of the                
          application drawings, wherein a sole portion of the footwear                
          (100) has a bottom surface including a closely packed matrix                
          of projections (120) extending therefrom, and wherein each                  
          projection is selectively removable, thereby enabling a user to             
          remove a subset of the projections corresponding to a desired               
          personalized imprint.  Independent claims 1, 15 and 16 are                  
          representative of the subject matter on appeal and a copy of                
          those claims may be found in the Appendix to appellant’s brief.             


          The prior art references relied upon by the examiner in                     
          rejecting the appealed claims are:                                          
          Berger              5,084,988             Feb.  4, 1992                     
          Ellis               WO 91/11924           Aug. 22, 1991                     
          (PCT)                                                                       
                                                                                     



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