Ex Parte ISSLER - Page 5



          Appeal No. 2002-1268                                                        
          Application 09/282,672                                                      

          innersole board which can make the shoes/boots uncomfortable to             
          wear (see Huff ‘801 at column 1, lines 17 through 30, and Huff              
          ‘491 at column 1, lines 20 through 33).  To solve this problem,             
          Huff provides a rigid innersole board having detachable pieces at           
          the heel and forefoot impact areas which remain connected to the            
          board during the manufacturing process until shortly after the              
          application of the welt stitch.  As described in each patent,               
               [a]s shown in FIG. 4, the welt stitch (17) is                          
               applied through the rib (13), upper lining material                    
               (27), upper (18), and PVC welt material (19), as is                    
               normal procedure in any shoe or boot manufactured with                 
               the Goodyear welt system.  (Ibid.)                                     
               The pre-cut detachable pieces (11a, 11b) on the                        
               innersole board (10) are now removed . . .  .  As best                 
               shown in FIG. 2, the fresh openings (11a’, 11b’) expose                
               the high density EVA pad (15) that lies on top of the                  
               innersole board (10).  In the preferred embodiment, the                
               two cushioning pads (20a, 20b) are made of polyurethane                
               and cemented to the high density EVA pad (15) through                  
               the new openings (11a’, 11b’).  . . .                                  
               As can be seen in FIGS. 2 and 4, a filler (21) of                      
               uniform thickness is die cut to fit inside the rib (13)                
               and cemented to the innersole board (10).  . . .                       
               A shank (23) is applied in its normal position, as                     
               shown in FIGS. 2 and 4 . . .  .                                        
               Turning now to FIG. 4, the midsole (24) is applied                     
               and stitched to the welt material (19), locking in                     
               place the cushioning pads (20a, 20b), shank (23), and                  
               EVA rib filler (21), and compressing the cushioning                    










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