Appeal No. 2007-0382
Reexamination 90/007,172
4. The phrase “continuous layer that substantially covers the entire top,
bottom and side surfaces of the compressible structure” does not
preclude the presence of stitch holes on the “continuous layer”
because the phrase “substantially covers” does not specify that the
continuous layer is the only material to the exclusion of other
elements.
5. Neither appealed claim 1 nor the ‘598 patent specification necessarily
limits the recited “flexible outer coating forming a continuous layer”
to be formed by dipping or immersing the insole into a vinyl polymer.
6. The Patent Owner has proffered no evidence to demonstrate any
structural (chemical or physical) difference between a layer formed
by dipping or immersing the insole into a vinyl polymer and a layer as
described in the applied prior art.
7. The ‘598 Patent enlightens one skilled in the relevant art as follows:
“The insole 14 includes an inner structure 30 that may be foam-like
[i.e., the compressible structure] and is at least partially, if not
substantially wholly, encapsulated in a water-proof, water-repellant
and/or water-resistant sealant coating 32 [i.e., the flexible outer
coating].” (Emphasis added; ‘598 Patent, col. 3, lines 19-23; Fig. 5
and 6.)
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