Appeal No. 2007-0382
Reexamination 90/007,172
Issues
Does fastening or stitching, which the Patent Owner asserts as being
described in Cole, preclude the disclosed PVC (a vinyl polymer) covering from
being “continuous,” as required by appealed claim 1?
Does Cole describe, either expressly or inherently, a PVC covering
constituting a “seamless continuous layer,” thus also anticipating the subject matter
of claim 17?
Findings of Fact
The following findings of fact are supported by a preponderance of the
evidence.
1. Oral arguments were heard on February 21, 2007.
2. With respect to the 35 U.S.C. § 103(a) rejection of claims 9 and 10,
the Patent Owner relies on the same arguments made against the 35
U.S.C. § 102(e) rejection of claim 1. (Appeal Brief at page 3, line 2.)
3. The ‘598 Patent does not contain an express definition of the term
“continuous” in the recitation “a flexible outer coating forming a
continuous layer that substantially covers the entire top, bottom and
side surfaces of the compressible structure [, which compressible
structure is part of the insole].”
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