Appeal No. 95-3510
Application No. 08/032,405
divider in the area of the medial and lateral malleoli or in
any other desired location, in view of the teachings of
Gilbert and Thedford, to provide supporting pressure at
desired locations (answer, p. 4).
We do not agree.
We agree with the appellants' argument (brief, p. 17) that
one of ordinary skill in the art would have found no reason in
the references themselves for incorporating the insole weld lines
of Gilbert and Thedford into the ankle bladder taught by
Nishimura. Thus, the combined teachings of Nishimura, Gilbert
and Thedford would not have suggested
(1) "prevention means incorporated into both said medial and
lateral sections of said bladder for preventing the formation of
restrictive vertical columns of pressurized gas in said medial
and lateral sections when pressurized gas is supplied to the
interior of said bladder, whereby the inflated bladder does not
substantially inhibit planter and dorsi flexion of a foot in the
ankle portion of the upper of said athletic shoe, said prevention
means including connection points between said two layers of
elastomeric material defining small areas of fluid communication
between areas of the bladder, with the small defined areas being
insufficient in size to allow the formation of restrictive
vertical columns" as set forth in claim 1,
7
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