Appeal No. 95-3510
Application No. 08/032,405
(2) "a divider extending generally horizontally in each of said
medial and lateral sections for dividing said sections into the
respective upper and lower clambers, said dividers defining small
areas of fluid communication between said upper and lower
chambers that are insufficient in size to allow the formation of
restrictive vertical columns of pressurized gas in the medial and
lateral sections, whereby the inflated bladder does not
substantially inhibit plantar and dorsi flexion of a foot in the
ankle portion of the upper of said athletic shoe" as set forth in
claim 31, or
(3) "connection points between said two layers of elastomeric
material defining small areas of fluid communication between
areas of the chambers, said defined small areas being
insufficient in size to allow the formation of restrictive
columns of pressured fluid adjacent the malleoli that would
substantially restrict plantar and dorsi flexion of the foot
within said athletic shoe when said chambers are pressurized with
fluid" as set forth in claim 47.
As stated in W. L. Gore & Assoc. v. Garlock, Inc., 721 F.2d
1540, 1553, 220 USPQ 303, 312-13 (Fed. Cir. 1983), cert. denied,
469 U.S. 851 (1984),
8
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