Appeal No. 2006-1408 Page 2
Application No. 10/019,669
BACKGROUND
The appellant's invention relates to a healing shoe or sandal designed to aid in
reducing pressure or weight from specific areas of the feet. The invention utilizes
alterable insole layers of varying densities and degrees of firmness that fit into an area
surrounded by a circumferential counter of the out sole in order to hold the insole layers
in position. A copy of the claims under appeal is set forth in the appendix to the
appellant's brief.
Applied Prior Art
Grim et al. (Grim) 5,329,705 Jul. 19, 1994
Darby et al. (Darby ‘133) 5,370,133 Dec. 6, 1994
Darby (Darby ‘909) 5,491,909 Feb. 20, 1996
Kellerman 5,799,414 Sep. 1, 1998
The Rejections
Claims 1, 2, 4, 5, 7, 8, 10, 11, 31, 41 and 42 stand rejected under 35 U.S.C. §
103 as being unpatentable over Darby ‘909 in view of Darby ‘133 and Grim and claim
32 stands rejected under 35 U.S.C. § 103 as being unpatentable over Darby ‘909 in
view of Darby ‘133, Grim and Kellerman.
Rather than reiterate the conflicting viewpoints advanced by the examiner and
the appellant regarding this appeal, we make reference to the examiner's answer
(mailed August 26, 2005) for the examiner's complete reasoning in support of the
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