Ex Parte ELLIS - Page 6



          Appeal No. 2001-1450                                                        
          Application 08/477,640                                                      

          (i.e., degree of concavity) is determined with respect to the               
          intended wearer’s foot sole location, and 2) “an outer concavely            
          rounded surface [31], extending through a lowermost portion of              
          the shoe sole as viewed in a frontal plane, when the shoe is                
          upright and not under a bodyweight load,” and wherein the                   
          concavity is determined with respect to the intended wearer’s               
          foot sole location.  In addition, the shoe sole includes at least           
          one concavely rounded portion (28a) contoured like the natural              
          form on the side or edge of the human foot and oriented around at           
          least one of the parts of the wearer’s foot listed in the                   
          penultimate clause of claim 22 and in lines 15-18 of claim 63.              

               As has been made clear in the present specification, the               
          shoe sole of the invention described therein as being “fully                
          contoured” is comprised of two parts -- a concavely rounded                 
          portion (28b) located directly beneath an intended wearer’s foot            
          sole location and defined by an inner concavely rounded surface             
          (30b) near the intended wearer’s foot sole location and an outer            
          concavely rounded surface (31b) extending through a lowermost               
          portion of the shoe sole as viewed in a frontal plane and from              
          the perspective of the intended wearer’s foot, and another                  
          concavely rounded surface portion (28a) at each outboard side of            
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