Appeal 2006-2010
Application 10/349,684
indicated to one of ordinary skill in the art that the outsole can be joined to
the lower circumferential edge of the vamp by way of only the midsole.
The Appellant argues that there is no suggestion or motivation to
combine or modify Aoki in view of McClelland because each of them is
individually satisfactory for joining an upper and an outsole (Br. 7; Reply
Br. 2-3). That motivation would have been to include McClelland’s scallops
or other protrusions in Aoki’s sole to improve the interconnection of the sole
components as taught by McClelland (col. 4, ll. 21-25).
For the above reasons we conclude that the Appellant’s claimed
invention would have been obvious to one of ordinary skill in art over the
applied prior art.
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Last modified: September 9, 2013