Appeal No. 2007-0382
Reexamination 90/007,172
same materials disclosed for “substitute upper components [i.e.,
straps].” (Col. 5, lines 4-12.)
15. These “substitute upper components” are said to include man-made
imitation leathers such as polyurethane or polyvinylchloride (PVC).
(Col. 4, lines 6-12.)
16. The Patent Owner does not contend that Cole’s description of the
PVC covering over the insole 12 lacks sufficient specificity.
17. The Patent Owner does not dispute the Examiner’s factual finding that
PVC would inherently form a water barrier. (Examiner’s Answer at
page 3.)
18. Cole does not specify how the PVC covering is attached to the insole
12. (Fig. 1.)
19. The Patent Owner does not dispute the Examiner’s finding that Cole
describes a PVC covering (i.e., coating) that “substantially covers the
entire top, bottom and side surfaces of the compressible structure.”
20. Every point on Cole’s PVC covering may be connected to any other
point on the covering by an imaginary line without any break or
interruption.
21. At oral argument, counsel for the Patent Owner confirmed that the
only question raised in the briefs with respect to appealed claim 1 is
11
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