Appeal 2007-0197
Application 10/076,956
cushioning of the foot without materially impeding its mobility.
[col. 2, ll. 28-38]
Garbuio’s figure 1, which shows a lined boot, includes one of the pads,
whereas figure 2, which is a side-elevational view of the figure 1 insert
without the boot, does not show the pad.
Clement discloses a ski boot comfort liner comprising wedging
elements (5,6) that have micro-perforations through their thickness and are
interposed between an exterior or semiflexible liner wall (11) and a comfort
fabric inner liner wall (12) (col. 3, ll. 12-15; col. 4, ll. 5-10, 27-28; fig. 2).
The Examiner argues that Garbuio’s elastic pad 8 is banana shaped
and that Garbuio “teaches that it is desirable to have these pads located on
the inner boot to allow for a better and more snug fit of the boot to the user’s
foot” (Answer 4). Garbuio discloses that elastic pad 8 is “juxtaposed with
the insert 2” (col. 2, l. 29) but does not disclose that elastic pad 8 is located
on the insert. Garbuio’s figure 2, which shows the insert without the boot
(col. 1, ll. 67-68), does not include elastic pad 8. Also, the Examiner does
not point out, and it is not apparent, where Garbuio teaches that elastic pad 8
allows for a better and more snug fit of the boot to the user’s foot.
Garbuio’s teaching is that elastic pad 8 provides additional protection in the
ankle region (col. 2, ll. 28-30).
The Examiner argues that Clement would have led one of ordinary
skill in the art to place Garbuio’s elastic pad 8 inside Pozzobon’s liner to
provide for better and proper cushioning of the boot on the user’s foot
(Answer 4-5), but the Examiner has provided no supporting evidence or
technical reasoning.
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