Ex Parte Tsen et al - Page 2



         Appeal No. 2005-1496                                                       
         Application 09/994,439                                                     

                                   THE INVENTION                                    

              The invention relates to “a shoe constructed using a                  
         vulcanization process” (specification, page 1).  Representative            
         claim 1 reads as follows:                                                  

              1. A shoe comprising                                                  
              a molded rubber outsole;                                              
              a molded midsole disposed within said outsole, said midsole           
         being contoured to approximate the shape of the sole of a                  
         wearer's foot;                                                             
              an upper; and                                                         
              a foxing, said foxing being fused to said upper and said              
         outsole along an interface there between by application of a               
         vulcanization process permanently securing together said upper             
         and said outsole.                                                          

                                  THE PRIOR ART                                     

              The references relied on by the examiner to support the               
         final rejection are:                                                       
         Campagna                   2,481,389            Sep. 06, 1949              
         Taber                      3,932,950            Jan. 20, 1976              
         Giese et al.               5,572,805            Nov. 12, 1996              
         (Giese)                                                                    




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