Ex Parte Girard - Page 2




          Appeal No. 2004-1202                                                        
          Application No. 09/908,938                                                  


          through 24, 26 through 30, 32, 33, and 35 through 40 are before             
          us for review.                                                              


               Appellant’s invention pertains to a tightening device,                 
          adapted to equip an article of footwear including a sole, and to            
          an article of footwear.  A basic understanding of the invention             
          can be derived from a reading of exemplary claims 1, 17, 29, and            
          30, respective copies of which appear in the APPENDIX to the main           
          brief (Paper No. 17).                                                       


               As evidence of anticipation, the examiner has applied the              
          documents listed below:                                                     

          Frykberg                 5,483,757                Jan. 16, 1996             
          King et al               2,626,447                Aug.  4, 1989             
          (King) (France)1                                                            










               1 Our understanding of this French document is derived from            
          a reading of an English translation thereof provided by appellant           
          (appended to the main brief).                                               
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