Appeal 2007-1463 Page 14
Application 10/083,492
to a structure wherein the plate is disposed below the disc or base.
E. Conclusion of Law
On the record before us, the Examiner has not established a prima facie case
that claims 6, 38, and 41 fail to comply with the second and sixth paragraphs of 35
U.S.C. §112.
35 U.S.C. §103(a)
Claims 1, 3, 5, 6, 7, 9, 13, 16-18, 24, 25, 29, 30, 35-38, 40, and 41
Because Appellants argue claims 1, 3, 5, 6, 7, 9, 13, 16-18, 24, 25, 29, 30,
35-38, 40, and 41 as a group, pursuant to the rules, the Board selects representative
claim 1 to decide the appeal with respect to this rejection, and claims 3, 5, 6, 7, 9,
13, 16-18, 24, 25, 29, 30, 35-38, 40, and 41 will stand or fall with claim 35. 37
C.F.R. § 41.37(c)(1)(vii) (2006). Claim 1 reads as follows:
1. An assembly for retaining a boot on a sports apparatus, said assembly
comprising:
a base provided to receive a sole of the boot, a disk provided to retain
the base on the sports apparatus, the disk having at least two elongated holes,
parallel to one another, the elongated holes extending through a thickness of
the disk, and at least two screws each extending through respective ones of
the elongated holes, the assembly further comprising a single plate parallel
to the disk, the plate being slidable along lengths of the elongated holes, at
least two holes extending through a thickness of the plate, each of said at
least two screws extending through a respective hole of the plate, and means
for retaining the screws on the plate.
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Last modified: September 9, 2013