Ex Parte GEBHARD - Page 10



          Appeal No. 2005-2544                                                        
          Application No. 09/328,749                                                  

          response for the inferentially recited shoe “sole with a forefoot           
          area and a rearfoot area” in those claims.  In that regard, we              
          note that the sports shoe bottom described in Anderie and shown             
          in Figures 9 and 10 appears to include an outer wearing sole                
          (102) having a forefoot area (103) and a rearfoot area (104), as            
          well as a “torsion system” comprised of the intermediate sole               
          member (101) which includes a forefoot portion spanning                     
          substantially the entire forefoot area of the outer wearing sole,           
          with the forefoot portion having a generally smooth concave                 
          contour along the longitudinal axis thereof (Fig. 10); a rearfoot           
          portion spanning substantially the entire rearfoot area of the              
          outer wearing sole; and an intermediate portion (including                  
          central limb 108 and stiffening element 109 embedded therein)               
          coupling the forefoot portion and the rearfoot portion of the               
          torsion system, and constructed of a material and configured to             
          allow, in a pre-selected manner, rotation of the forefoot portion           
          relative to the rearfoot portion about the longitudinal axis                
          (see, col. 7, lines 15-19), and wherein the intermediate portion            
          includes a rib (e.g., 114, 115, or 116) that projects beyond an             
          adjacent surface (e.g., 113, 118, or 119) of the tension system.            



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