In re Field

• This is an appeal from the decision of the Board of Appeals of the United States Patent Office affirming the Primary Examiner’s rejection of claims 2, 3, 5, 6, 15, and 16 of appellant’s application for a patent on improvements in the manufacture of shoes, and rejecting claims 13, 14, and 17 of the application on a ground not employed by the examiner.

Claims 2, 5, and 17 are typical of the rejected claims and read:

2. A shoe construction comprising, in combination, a welted shoe upper, and ■an outsole secured to the welt of said upper, said shoe upper having a shoe bottom including an unribbed…