Appeal 2006-2010
Application 10/349,684
THE INVENTION
The Appellant claims an article of footwear having a lower peripheral
edge of an upper joined to an outsole only by a cushioning material directly
attached to both of them. Claim 1 is illustrative:
1. An article of footwear comprising:
an upper including a lower peripheral edge;
an outsole including a wearing surface, an upper surface
opposite the wearing surface, a peripheral wall extending upwardly
around at least a portion of the upper surface, said peripheral wall
including at least one protrusion extending inwardly from said
peripheral wall and disposed above said upper surface a first pre-
selected distance; and
a material direct attached to said lower peripheral edge
and said outsole, the material bonding to said lower peripheral edge
and said outsole, so that said lower peripheral edge of the upper and
the outsole are joined only by direct attachment of the material to both
the lower peripheral edge of the upper and the outsole, wherein the
material also forms a cushioning layer between the outsole and the
upper.
THE REFERENCES
Aoki US 6,041,520 Mar. 28, 2000
McClelland US 6,226,895 B1 May 8, 2001
THE REJECTIONS
Claims 1-8 stand rejected under 35 U.S.C. § 103 as being
unpatentable over Aoki in view of McClelland.1
OPINION
We affirm the aforementioned rejections.
1 The Examiner relies upon official notice in the rejection of claim 5 (Answer 4-5).
2
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