Ex Parte Gillespie - Page 1



            The opinion in support of the decision being entered today was not written
                   for publication and is not binding precedent of the Board.         

                   UNITED STATES PATENT AND TRADEMARK OFFICE                          
                                    ____________                                      
                       BEFORE THE BOARD OF PATENT APPEALS                             
                                 AND INTERFERENCES                                    
                                       ____________                                   
                              Ex parte KEVIN H. GILLESPIE                             
                                     ____________                                     
                                 Appeal No. 2005-1051                                 
                              Application No. 09/788,147                              
                                     ____________                                     
                                       ON BRIEF                                       
                                     ____________                                     
          Before MCQUADE, NASE, and BAHR, Administrative Patent Judges.               
          Per curiam.                                                                 

                                 DECISION ON APPEAL                                   
               Kevin H. Gillespie appeals from the final rejection (mailed            
          May 28, 2003) of claims 1 through 15, 17 through 23 and 26                  
          through 29, all of the claims pending in the application.1                  
                                    THE INVENTION                                     
               The invention relates to “a shoe outsole and, in particular,           
          to a shoe outsole for a toddler shoe having an improved                     
          cushioning system at the heel” (specification, page 1).                     



               1                                                                      
               1Claims 1, 11, 22 and 26 have been amended subsequent to               
          final rejection.                                                            




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