Appeal No. 2005-1051 5
Application No. 09/788,147
221 USPQ 385, 388 (Fed. Cir. 1984). It is not necessary that the
reference teach what the subject application teaches, but only
that the claim read on something disclosed in the reference,
i.e., that all of the limitations in the claim be found in or
fully met by the reference. Kalman v. Kimberly Clark Corp., 713
F.2d 760, 772, 218 USPQ 781, 789 (Fed. Cir. 1983), cert. denied,
465 U.S. 1026 (1984).
Schenkel discloses a shoe 10 comprising an upper 12 and a
frame system 14 consisting of an insole 16, a frame 18 and a sole
20 having separate parts 22, 24 and 26. The frame 18 includes
first and second cutouts 28 and 30, and sole parts 24 and 22
include respective cutouts 32 and 34 aligned with the cutouts in
the frame. In use, the insole 16, which is made of a resilient
material having shock-absorbing characteristics (see column 4,
lines 15 through 23), protrudes or bulges downwardly through the
cutouts in the frame under the compressive forces applied by the
user’s foot (see column 2, line 66, through column 3, line 16).
As framed and argued by the appellant, the dispositive issue
with respect to the rejection of independent claim 1 is whether
Schenkel meets the limitations in the claim requiring (1) the
first cushion to “deform and flow” toward the floor or ground
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