Ex parte POTTER - Page 6




          Appeal No. 96-1881                                                          
          Application No. 08/095,476                                                  


          our conclusion that the evidence adduced by the examiner is                 
          sufficient to establish the obviousness of the claimed subject              
          matter.  Accordingly, we will sustain the examiner's rejection of           
          claims 37 through 40 and 45 through 54 under 35 U.S.C.  103.               
          Our reasoning for this determination follows.                               


               We turn first to the examiner's rejection of independent               
          claim 37 which was rejected under 35 U.S.C.  103 as being                  
          unpatentable over Bolla in view of Reed and Rudy '250.                      


               Bolla discloses a shoe sole including a bladder.  The                  
          bladder is made of an upper and lower surfaces of elastomeric               
          material (Bolla's pliable or flexible layers 1 and 2 of plastic             
          sheet material).  The upper and lower surfaces define three                 
          pressurized fluid-filled chambers (Bolla's air pockets 3, 4 and             
          5).  As can be seen in Figures 1 and 2, each chamber has a                  
          different volume from the other chambers.  The upper and lower              
          surfaces are in contact at one location to define a blocking seal           
          (Bolla's edge 12 along the lower right side of the sole as shown            
          in Figure 1).  Each of the three chambers have an end disposed              
          adjacent that blocking seal so that the blocking seal precludes             



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