DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Continued Examination Under 37 CFR 1.114
A request for continued examination under 37 CFR 1.114, including the fee set forth in 37 CFR 1.17(e), was filed in this application after final rejection. Since this application is eligible for continued examination under 37 CFR 1.114, and the fee set forth in 37 CFR 1.17(e) has been timely paid, the finality of the previous Office action has been withdrawn pursuant to 37 CFR 1.114. Applicant's submission filed on 6/2/2026 has been entered.
Response to Amendment
In accordance with Applicant’s amendment filed 6/2/2026, claims 1 and 25 are amended. Claims 1-13, 21-27 are currently pending and presented for examination on the merits.
Response to Arguments
Applicant’s arguments with respect to claim(s) 1 and 25 have been considered but are moot because the new ground of rejection does not rely on any reference applied in the prior rejection of record for any teaching or matter specifically challenged in the argument. In light of Applicant’s amendment, which has introduced new limitations which have not been previously searched or considered, the prior art search has been updated and new prior art has been identified and applied, as described in the rejections below.
Applicant submits that the dependent claims are allowable based on their dependency from the independent claims; however, as described in the arguments above and rejections below, the independent claims are not allowable over the prior art. The dependent claims remain rejected.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
This application currently names joint inventors. In considering patentability of the claims the examiner presumes that the subject matter of the various claims was commonly owned as of the effective filing date of the claimed invention(s) absent any evidence to the contrary. Applicant is advised of the obligation under 37 CFR 1.56 to point out the inventor and effective filing dates of each claim that was not commonly owned as of the effective filing date of the later invention in order for the examiner to consider the applicability of 35 U.S.C. 102(b)(2)(C) for any potential 35 U.S.C. 102(a)(2) prior art against the later invention.
Claim(s) 1-2, 4-7, 13, 21-27 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ekstrom (US 2021/0259367) in view of Auger (US 2004/0000075).
Regarding claim 1, Ekstrom discloses: An outsole for an athletic shoe, the outsole comprising: at least one main stud (118a-c) disposed on a bottom surface of the outsole (“the major cleats 118a-118n […] are formed on a plantar portion (e.g., the bottom surfaces 116a, 116b) of the outsole 102” paragraph 44) and having a main stud base (130) and a main tip (132/172), wherein the main stud base defines a first projection extending from the bottom surface (see figure 12b showing the base 130 is a projection extending from the bottom surface), wherein the main tip is secured on the main stud base (“each of the cleat inserts 164 further includes a cap 172 disposed at the end of the shank 170 and configured to form a distal portion of the major cleat 118a-118n including the tip 132, as shown in figures 3 and 7-10” paragraph 61) and extending at a main axis generally perpendicular to a main ground-contact surface (“the major cleats 118a-118n, which extend substantially perpendicular from the bottom surface 116a, 116b of the sole structure 102” paragraph 47); and at least one peripheral stud (122a-c) disposed on a peripheral surface of the outsole closer to a lateral side of the outsole than the main stud (“the peripheral cleats 122a-122d project outwardly from a peripheral portion of the outsole 102 (i.e., the peripheral surfaces 117a, 117b)” paragraph 44; see figure 6A and 7-10 showing the peripheral cleats on the lateral side 22; “the peripheral cleats 122a-122d along the lateral side 22” paragraph 67), the peripheral stud having a peripheral stud base (150) and a peripheral tip (152), wherein the peripheral stud base defines a second projection extending from the bottom surface (see figure 14b showing the peripheral stud base 150 is a projection extending from the bottom surface), wherein the peripheral tip is extending at a second axis tilted at an angle toward the lateral side from the main axis (“the peripheral cleats 122a-122d extend from the peripheral surface 117a at an oblique angle relative to the bottom surface 116a such that the tip 152 is defined by a substantially planar surface oriented at an oblique angle relative to the bottom surface 116a of the sole structure” paragraph 47; see figures 6A, 7-10, and 14b showing the angle is toward the lateral side 22).
Ekstrom does not explicitly disclose: the peripheral tip is secured on the peripheral stud base; wherein the main tip of the main stud and the peripheral tip of the peripheral stud are linked by a bridge portion, and wherein the main tip, the peripheral tip, and the bridge portion are formed as a first integral piece from one material distinct from a material of the main stud base.
However, Auger teaches two adjacent studs (40), each having a tip (60); wherein the tip of the first stud and the tip of the second stud are linked by a bridge portion (68; see figure 4B), and wherein the tip of the first stud and the tip of the second stud and the bridge portion are formed as a first integral piece (see figure 4B) from one material distinct from a material of the stud bases (“depending on the intended ground surfaces for use, it is desirable to have tip member 60 constructed from a different material than outsole plate 30” paragraph 26; “body portion 42 [of the ground engaging member] is preferably integrally molded with the outsole plate” paragraph 23, therefore since the main body of the studs are made of the same material as the outsole plate, and the tips are different material that the outsole plate, the tips are made of a different material than the main body of the studs).
Auger teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to add tips to the peripheral stud and a bridge portion connecting the tip of the peripheral stud to the tip of the main stud, as taught by Auger, and further to make the tips and bridge portion out of a different material than the main body of the studs, as also taught by Auger, in order to improve the penetrating ability of the cleats for a specific type of ground surface (see paragraph 26 of Auger) and to improve the stiffness of the studs and the area between the main stud and peripheral stud (see paragraph 34 of Auger).
Regarding claim 2, Ekstrom as modified discloses: The outsole according to The outsole according to wherein the second axis of the peripheral stud is tilted at the angle from the main axis being in the range of 5 to 60 degrees (Ekstrom, “the peripheral cleats 122a-122d extend from the peripheral surface 117a at an oblique angle relative to the bottom surface 116a” paragraph 47; see figure 14b showing the axis of the peripheral stud, which clearly shows an angle between 5 and 60 degrees; Examiner notes that drawings can be relied upon in combination with the description of the article pictured for what they would reasonably teach one of ordinary skill in the art (see MPEP 2125(II)), and one of ordinary skill in the art would recognize the oblique angle pictured as being in the range between 5 and 60 degrees).
Regarding claim 4, Ekstrom as modified teaches the first integral piece being adhesively attached (“tip member 60 can be secured to body portion 42 by adhesives” Auger, paragraph 26) and does not explicitly disclose: The outsole according to claim 1, wherein the main stud base is formed with the bottom surface of the outsole, and wherein the peripheral stud base is molded integral with the bottom surface of the outsole, wherein the first integral piece is molded separate from the main stud base and the peripheral stud base, wherein the first integral piece is over molded to the main stud base and the peripheral stud base.
However, Auger further teaches molding the stud base with the bottom of the outsole (“body portion 42 is preferably molded integrally with the outsole plate” paragraph 23) and that adhesive attachment and overmolding attachment are interchangeable methods of attaching two components in footwear (“body portion 42 is preferably molded integrally with the outsole plate, either as part of the same initial mold or as an over-molded process, to provide a strong bond. In another arrangement, body portion 42 may be fastened, adhesively bonded, or otherwise fixed to outsole plate 30 by other desirable methods” paragraph 23).
Auger teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to mold the main stud base and peripheral stud base integrally with the bottom of the outsole plate and overmold the first integral piece (main stud tip, peripheral stud tip, and bridge portion) to the main stud base and the peripheral stud base, as taught by Auger, because it would have been the simple substitution of one known manufacturing method for another that would have yielded only the predictable result of attaching the two pieces together, and further it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to use an over-molding method in order to “provide a strong bond” (Auger, paragraph 23) which will improve the durability and longevity of the footwear as the components will be less likely to come apart.
Regarding claim 5, Ekstrom as modified discloses: The outsole according to claim 4, wherein the bottom surface of the outsole is formed of a base material being different material than the one material of the main tip, peripheral tip, and the bridge portion (as modified, the material of the main tip, peripheral tip, and bridge portion is different than the material of the outsole; “depending on the intended ground surfaces for use, it is desirable to have tip member 60 constructed from a different material than outsole plate 30” Auger, paragraph 26).
Regarding claim 6, Ekstrom as modified discloses: The outsole according to claim 1, wherein the at least one peripheral stud is arranged on the lateral side of the outsole (Ekstrom, “the peripheral cleats 122a-122d along the lateral side 22” paragraph 67).
Regarding claim 7, Ekstrom as modified discloses: The outsole according to claim 1, wherein the main stud base and the peripheral stud base are at least partly merged (Ekstrom, see figures 7-10, the main stud base and the peripheral stud base are at least partly merged because they are both part of the outsole plate).
Regarding claim 13, Ekstrom as modified discloses: A shoe comprising an outsole according to claim 1 (Ekstrom, 10).
Regarding claim 21, Ekstrom as modified discloses: The outsole according to claim 1, wherein the at least one peripheral stud comprises at least two peripheral lateral studs (Ekstrom, 122a-c includes at least two peripheral lateral studs; “the peripheral cleats 122a-122d along the lateral side 22” paragraph 67; see annotated figure 6A below), wherein the at least one main stud further comprises: a first main stud disposed on the bottom surface of the outsole; and a second main stud disposed on the bottom surface of the outsole, wherein the outsole comprises at least a first, a second, and a third row of studs, counted from a front of the outsole, wherein the first main stud and a first one of the peripheral lateral studs are included in the second row of studs, and wherein the second main stud and a second one of said peripheral lateral studs are included in the third row of studs (Ekstrom, see annotated figure 6A below showing the first and second main stud, the first, second, and third row of studs, and the first and second peripheral lateral studs).
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Regarding claim 22, Ekstrom as modified discloses: The outsole according to claim 1, wherein the at least one peripheral stud has a height from the bottom surface lower than a height of the at least one main stud from the bottom surface (Ekstrom, see figures 7-10 and 14b showing the height of the peripheral stud 122a-c is less than the height of the main stud 118a-c).
Regarding claim 23, Ekstrom as modified discloses: The outsole according to claim 1, wherein the at least one peripheral stud is disposed rearwards from at least a first group of studs of the outsole (see annotated figure 6A of Ekstrom provided with the 35 USC 103 rejection of claim 21 above; the at least one peripheral stud is disposed rearward from at least the first group of studs indicated in the figure as “first row of studs”).
Regarding claim 24, Ekstrom as modified discloses: The outsole according to claim 1, wherein the at least one peripheral stud is disposed on a forefoot part of the outsole spaced apart from a front tip of the outsole and forward of an arch portion (see figure 6A of Ekstrom provided with the 35 USC 103 rejection of claim 21 above; the at least one peripheral stud is disposed on a forefoot part and spaced from the front tip of the outsole and forward of an arch portion).
Regarding claim 25, Ekstrom discloses: An outsole for an athletic shoe, the outsole comprising: a bottom part of the outsole having: a bottom surface (116a), a main stud base (130) defining a first projection extending from the bottom surface (“the major cleats 118a-118n […] are formed on a plantar portion (e.g., the bottom surfaces 116a, 116b) of the outsole 102” paragraph 44), and a peripheral stud base (150) defining a second projection extending from the bottom surface and disposed closer to a lateral side of the outsole than the main stud base (“the peripheral cleats 122a-122d project outwardly from a peripheral portion of the outsole 102 (i.e., the peripheral surfaces 117a, 117b)” paragraph 44; see figure 6A and 7-10 showing the peripheral cleats on the lateral side 22; “the peripheral cleats 122a-122d along the lateral side 22” paragraph 67); wherein the main stud extends at a main axis downward to position the main ground-contact surface at a first height from the bottom surface, wherein the main axis is configured to be generally perpendicular to the main ground-contact surface(“the major cleats 118a-118n, which extend substantially perpendicular from the bottom surface 116a, 116b of the sole structure 102” paragraph 47) , wherein the peripheral stud extends at a second axis tilted at an angle toward the lateral side from the main axis (“the peripheral cleats 122a-122d extend from the peripheral surface 117a at an oblique angle relative to the bottom surface 116a such that the tip 152 is defined by a substantially planar surface oriented at an oblique angle relative to the bottom surface 116a of the sole structure” paragraph 47; see figures 6A, 7-10, and 14b showing the angle is toward the lateral side 22)
Ekstrom does not explicitly disclose: an integral stud tip formed as one piece of material distinct from a material of the main stud base and the peripheral stud base, the integral stud tip having a main tip, a peripheral tip, and a bridge portion, wherein the integral stud tip is secured to the bottom surface with the main tip secured on the main stud base and with the peripheral tip secured on the peripheral stud base; wherein the main tip includes a main ground-contact surface, wherein the peripheral tip includes a peripheral ground-contact surface, such that the peripheral tip extends downward to position the peripheral ground-contact surface at a second height less than the first height from the bottom surface, and wherein the bridge portion links the main tip and the peripheral tip.
However, Auger teaches two adjacent studs (40) having an integral stud tip (60 and 68; see figure 4b) formed as one piece of material distinct from a material of the stud bases (“depending on the intended ground surfaces for use, it is desirable to have tip member 60 constructed from a different material than outsole plate 30” paragraph 26; “body portion 42 [of the ground engaging member] is preferably integrally molded with the outsole plate” paragraph 23, therefore since the main body of the studs are made of the same material as the outsole plate, and the tips are different material that the outsole plate, the tips are made of a different material than the main body of the studs), the integral stud tip having a first stud tip (60), a second stud tip (60), and a bridge portion (68), wherein the integral stud tip is secured to the bottom surface with the main tip secured on the main stud base and with the peripheral tip secured on the peripheral stud base (“tip member 60 can be secured to body portion 42 by adhesives” Auger, paragraph 26; see figure 4B), and wherein the bridge portion links the main tip and the peripheral tip (see figure 4B).
Auger teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to add tips to the peripheral stud and a bridge portion connecting the tip of the peripheral stud to the tip of the main stud, as taught by Auger, and further to make the tips and bridge portion out of a different material than the main body of the studs, as also taught by Auger, in order to improve the penetrating ability of the cleats for a specific type of ground surface (see paragraph 26 of Auger) and to improve the stiffness of the studs and the area between the main stud and peripheral stud (see paragraph 34 of Auger). Examiner notes that, as modified, the tips add the same amount of height to each of the studs (see figure 4B of Auger showing that the tips are the same height), so the overall difference in the heights of the main stud and peripheral stud does not change, therefore the main tip includes a main ground-contact surface, the peripheral tip includes a peripheral ground-contact surface, and the peripheral tip extends downward to position the peripheral ground-contact surface at a second height less than the first height from the bottom surface (see figure 14B of Ekstrom showing the height difference).
Regarding claim 26, Ekstrom as modified discloses: The outsole according to claim 25, wherein the bottom surface of the outsole is formed of a base material being different material than a tip material of the integral stud tip (as modified, the material of the main tip, peripheral tip, and bridge portion is different than the material of the outsole; “depending on the intended ground surfaces for use, it is desirable to have tip member 60 constructed from a different material than outsole plate 30” Auger, paragraph 26).
Regarding claim 27, Ekstrom as modified teaches the first integral piece being adhesively attached (“tip member 60 can be secured to body portion 42 by adhesives” Auger, paragraph 26) and does not explicitly disclose: The outsole according to claim 25, wherein the integral stud tip is molded separate from the bottom surface of the outsole, and wherein the integral stud tip is over molded to the main stud base and the peripheral stud base to secure the integral stud tip to the bottom surface of the outsole.
However, Auger further teaches molding the stud base with the bottom of the outsole (“body portion 42 is preferably molded integrally with the outsole plate” paragraph 23) and that adhesive attachment and overmolding attachment are interchangeable methods of attaching two components in footwear (“body portion 42 is preferably molded integrally with the outsole plate, either as part of the same initial mold or as an over-molded process, to provide a strong bond. In another arrangement, body portion 42 may be fastened, adhesively bonded, or otherwise fixed to outsole plate 30 by other desirable methods” paragraph 23).
Auger teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to mold the main stud base and peripheral stud base integrally with the bottom of the outsole plate and overmold the first integral piece (main stud tip, peripheral stud tip, and bridge portion) to the main stud base and the peripheral stud base, as taught by Auger, because it would have been the simple substitution of one known manufacturing method for another that would have yielded only the predictable result of attaching the two pieces together, and further it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to use an over-molding method in order to “provide a strong bond” (Auger, paragraph 23) which will improve the durability and longevity of the footwear as the components will be less likely to come apart.
Claim(s) 3 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ekstrom/Auger as applied to claim 1 above, and further in view of Wernow (US 2016/0081434).
Regarding claim 3, Ekstrom as modified teaches the peripheral stud is tilted at an oblique angle (see figures 7-10 and 14b) and appears to disclose: The outsole according to claim 2, wherein the second axis of the peripheral stud is tilted at the angle from the main axis being in the range of 30 to 60 degrees (Ekstrom, “the peripheral cleats 122a-122d extend from the peripheral surface 117a at an oblique angle relative to the bottom surface 116a” paragraph 47; see figure 14b showing the axis of the peripheral stud, which clearly shows an angle between 5 and 60 degrees; Examiner notes that drawings can be relied upon in combination with the description of the article pictured for what they would reasonably teach one of ordinary skill in the art (see MPEP 2125(II))).
However, assuming arguendo that this is not an explicit teaching of an angle of 30-60 degrees, Wernow teaches that the angle of tilt of a cleat is a result effective variable depending on the expected load on the cleat and the performance goals (“note that the angle on the cleat can be varied, potentially on different sides of the same cleat, for different performance in an inside-hit or outside-hit scenario” paragraph 40). Wernow teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the angle of the peripheral stud specifically between 30-60 degrees in order to optimize the performance for lateral cutting motions and impact.
Claim(s) 8, 9, and 11 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ekstrom/Auger as applied to claim 1 above, and further in view of Crowley (US 4393604).
Regarding claim 8, Ekstrom as modified does not explicitly disclose: The outsole according to claim 1, wherein the at least one peripheral stud has a generally triangular shape, wherein two corners are pointing outwards towards the lateral side of the outsole and one corner is pointing inwards towards a center of the outsole.
However, Crowley teaches a stud with a generally triangular shape, wherein two corners are pointing outwards towards the lateral side of the outsole and one corner is pointing inwards towards a center of the outsole (see annotated figure 1 below).
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Crowley teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the peripheral stud of Ekstrom in the shape as taught by Crowley in order to “provide a smooth shape resistance to the collection of dirt in crevices” (Crowley, column 2, lines 38-39) which will keep the shoe cleaner which will ensure the cleats can most effectively perform the function of penetrating the ground and improving traction. Further, such a modification would have involved a mere change in the shape of a component, which Ekstrom has already contemplated (“the sizing and/or geometry of each of the peripheral cleats 122a-122d may be different” paragraph 47). A change in form or shape is generally recognized as being within the level of ordinary skill in the art, absent any showing of unexpected results. In re Dailey et al., 149 USPQ 47. See MPEP 2144.04.
Regarding claim 9, Ekstrom as modified discloses: The outsole according to claim 8, wherein the generally triangular shape has three cusps with generally concave edges therebetween (as modified, the shape is the one discloses in Crowley, which has three cusps with generally concave edges between, see fillet portions 56, 58, 60 on figure 1 and see annotated figure 1 provided with the 35 USC 103 rejection of claim 8 above).
Regarding claim 11, Ekstrom as modified discloses: The outsole according to claim 8, wherein the outsole comprises a forefoot part separate from a heel part (Ekstrom, “the outsole 102 includes a forefoot plate 114a disposed in the forefoot region 12 and including a first plurality of traction elements, and a heel plate 114b disposed in the heel region and including a second plurality of traction elements” paragraph 43; see figure 2).
Claim(s) 10 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ekstrom/Auger as applied to claim 1 above, and further in view of Minami (US 2013/0067777).
Regarding claim 10, Ekstrom as modified discloses a main heel stud in the heel area (Ekstrom, see figure 6A below) but does not explicitly disclose: at least one additional heel stud, which is also arranged on the peripheral surface of the outsole, wherein the additional heel stud lies posterior and superior off-set compared to an adjacent main heel stud, and wherein a ground-facing surface of a tip of the additional heel stud is arranged essentially parallel to the ground when the outsole rests flat on the ground.
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However, Minami teaches a main heel stud (1552) and an additional heel stud (1562), wherein the additional heel stud lies posterior and superior off-set compared to an adjacent main heel stud, and wherein a ground-facing surface of a tip of the additional heel stud is arranged essentially parallel to the ground when the outsole rests flat on the ground (see figure 22 annotated below, see figure 21 showing the position of studs 1552 and 1562 in the heel area).
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Minami teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the heel stud of Ekstrom with the step-cut structure as taught by Minami in order to “assist with a first step in a transverse direction” (Minami, paragraph 100) and “allow less penetration at the rear of the sole structure to assist with movement of [the footwear]” (Minami, paragraph 102), which will improve the comfort and ease of walking in the shoe.
Claim(s) 12 is/are rejected under 35 U.S.C. 103 as being unpatentable over Ekstrom/Auger as applied to claim 1 above, and further in view of Droege (US 2013/0061498).
Regarding claim 12, Ekstrom as modified appears to disclose: The outsole according to claim 1, wherein a peripheral ground-contact surface of the peripheral stud is smaller than the main ground-contact surface of the main stud (see figures 7-10, the ground-contact surface of the peripheral stud is smaller than the main ground-contact surface of the main stud).
However, assuming arguendo that this is not an explicit teaching of the peripheral ground-contact surface of the peripheral stud being smaller than the main ground-contact surface of the main stud, Droege further teaches a peripheral stud (32) with a ground-contact surface that is smaller than the ground-contact surface of a main stud (see figure 3, the ground-contact surface of the peripheral stud 32 is clearly much smaller than the ground-contact surface of the main stud 54).
Droege teaches analogous art to the instant application in the field of footwear. Therefore, it would have been obvious to one of ordinary skill in the art before the effective filing date of the instant application to make the peripheral stud have a ground-contact surface that is less than the ground-contact surface of the main stud, as taught by Droege, in order to provide “leverage on the outer side region 40 of the sole 100” so that “the player is able to more easily pull the elongated cleats located on the bottom surface region 38 of the sole out of the ground” (Droege, paragraph 59). Further, such a modification would have involved a mere change in the size of a component, which Ekstrom has already contemplated (“the sizing and/or geometry of each of the peripheral cleats 122a-122d may be different” paragraph 47). A change in size is generally recognized as being within the level of ordinary skill in the art. In re Rose, 105 USPQ 237 (CCPA 1955).
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to BRIANNA T DUCKWORTH whose telephone number is (571)272-1458. The examiner can normally be reached M-F 9:00 am - 5:00 pm.
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/BRIANNA T. DUCKWORTH/Examiner, Art Unit 3732
/PATRICK J. LYNCH/Primary Examiner, Art Unit 3732
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