Appeal No. 2003-1272 Page 2
Application No. 10/039,338
We AFFIRM and enter a new rejection pursuant to 37 CFR § 41.50(b).
BACKGROUND
The appellants' invention relates to detachable cleats or "spikes" for golf shoes
which are suitable for winter play (specification, p. 1). A copy of the claims under
appeal is set forth in the appendix to the appellants' brief.
In parent Application No. 08/149,193, a panel of this Board rendered a decision
on March 23, 2001.2 In that decision, that panel (1) affirmed the rejection of claims 119
and 132 under 35 U.S.C. § 112, first paragraph, as being based upon a specification
which does not descriptively support the claimed invention; (2) reversed the rejection of
claims 113 through 138 under 35 U.S.C. § 112, second paragraph, as being indefinite;
(3) reversed the rejection of claim 134 under 35 U.S.C. § 102(b) as being anticipated by
Jordan, Jr. (Jordan)(U.S. Patent No. 3,583,082); (4) reversed the rejection of claims 113
through 119, 121, 123 through 130, and 132 under 35 U.S.C. § 103 as being
unpatentable over Jordan; (5) reversed the rejection of claims 120, 133, and 135 under
35 U.S.C. § 103 as being unpatentable over Jordan in view of Zaleski (U.S. Patent No.
2,491,596); and (6) reversed the rejection of claims 122, 131, and 136 through 138
2The panel consisted of Administrative Patent Judges Cohen, Staab and Bahr.
Administrative Patent Judges Cohen and Staab have now retired from the Board.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: November 3, 2007