Ex Parte Gordon - Page 5




              Appeal No. 2003-1349                                                                Page 5                
              Application No. 09/768,969                                                                                


              boot during cold environmental conditions.  Specifically, Yoshida employs the                             
              introduction of exothermic heat inserts, Oatman uses a chamber with insulated particles                   
              and heat reflective foil to reflect heat back to the foot of the wearer and Akagi uses                    
              closely stitched foam layers to retain heat in cold weather conditions.                                   


                     Figures 1-3 of Bulzomi show a heat vented work shoe with two upper external                        
              portions constructed of leather, defining a cavity therebetween, a midsole insert and                     
              tubes that permit air circulation within and out of the sole.  As shown in Figures 1 and 2,               
              the shoe includes a conventional upper work shoe body (1), designed to accommodate                        
              the foot of the wearer.  The upper body (1), insulated on the interior with spongy                        
              material (18), fits comfortably around the foot of the wearer, with a snugly fitting collar               
              (2).  The upper shoe body has both an outer leather surface (16), constructed                             
              preferably of 4 oz. thick leather, and an inner leather surface (17), made preferably of 2                
              oz. thick leather.  The outer leather surface (16) has two rows of ventilation holes (3) at               
              the top of the shoe, beneath the collar (2).  Foam insulation and man-made lining or                      
              leather cover most of the inside of the shoe (18, 19), insulating the wearer's foot and                   
              providing cushioned comfort.  Attached to the upper body in a conventional manner is                      
              the sole (15).  The outsole portion is made out of standard neoprene, or an oil resistant                 
              rubber, and has treading on the bottom surface for gripping the ground.                                   









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