Ex Parte Evans et al - Page 1



                            The opinion in support of the decision being entered                              
                                  today was not written for publication and                                   
                                   is not binding precedent of the Board.                                     
                                                                                                             
                        UNITED STATES PATENT AND TRADEMARK OFFICE                                             
                                              _____________                                                   
                             BEFORE THE BOARD OF PATENT APPEALS                                               
                                         AND INTERFERENCES                                                    
                                              _____________                                                   
                 Ex parte PAT J. EVANS, JOHN G. PEARCE, and DUANE E. PEOPLES                                  
                                              _____________                                                   
                                             Appeal 2007-0235                                                 
                                           Application 09/945,006                                             
                                             Technology Center                                                
                                               ____________                                                   
                                           Decided: July 5, 2007                                              
                                             _______________                                                  
                Before TERRY J. OWENS, HUBERT C. LORIN, and STUART S. LEVY,                                   
                Administrative Patent Judges.                                                                 
                OWENS, Administrative Patent Judge.                                                           

                                         DECISION ON APPEAL                                                   
                      The Appellants appeal from a rejection of claims 1-17, 42, 43 and 45,                   
                which are all of the pending claims.                                                          
                                             THE INVENTION                                                    
                      The Appellants claim a footwear insole.  Claim 1 is illustrative:                       







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