Appeal No. 2007-0382
Reexamination 90/007,172
This reexamination was ordered on September 27, 2004 based on a third
party reexamination request filed on August 13, 2004 by R. Neil Sudol (Reg. No.
31,669) of Coleman Sudol Sapone, P.C. (Order Granting Ex Parte Reexamination
Request mailed September 27, 2004; Request for Reexamination filed August 13,
2004.)
The Patent Owner states that the ’598 Patent is the subject of a patent
infringement action filed in the United States District Court of the Central District
of California, captioned “R&S Trading Company, Inc. v. Wal-Mart Stores, Inc. and
BCNY International, Inc., Civil Action No. SAVC 04-894 GLT (RCx).” (Appeal
Brief at 1.) According to the Patent Owner, the court proceeding has been stayed
pending this reexamination. (Id.)
The Patentees state that they invented “a new and improved footwear [e.g.,
sandals] comprising a sole including an outsole and insole, an upper member
affixed to the sole, wherein said footwear is floatable in water.” (Col. 1, lines 57-
60; Fig. 1-12.) According to the Patentees, the inner insole has an inner structure
constructed of a thermoplastic resin and an outer vinyl polymer coating, thus
providing a footwear that is both buoyant and waterproof. (Col. 1, lines 60-66.) In
certain non-limiting embodiments, the vinyl polymer coating is said to provide “a
waterproof, water-repellant and/or water-resistant sealant” and “a comfortable and
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