Appeal 2007-0197
Application 10/076,956
to the ankle and to prevent snow and cold from reaching the inside of the
boot”; col. 3, ll. 41-43). The Examiner has not established that, in light of
the disclosure that the strap around the boot performs that function, one of
ordinary skill in the art would have been led to fix a strap to the boot liner.
Hence, for this additional reason, the Examiner has not set forth a prima
facie case of obviousness of the inventions claimed in the Appellant’s claims
8 and 28.
DECISION
The rejections under 35 U.S.C. § 103 of claims 6, 7, 9-13, 17-21, 23,
26 and 27 over Pozzobon in view of Garbuio and Clement, and claims 8, 15,
16, 22, 24, 25 and 28 over Pozzobon in view of Garbuio, Clement and
Breuner are reversed.
REVERSED
vsh
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