Ex parte KELLERMAN - Page 2




          Appeal No. 97-0152                                                          
          Application 08/157,709                                                      


          claims 10 and 18 and amended claims 1 and 17.  Thus, the appeal             
          now involves claims 1, 3 through 7 and 11 through 17, all of the            
          claims presently pending in the application.                                
               The invention relates to a shoe insert designed for use as             
          an adjustable orthotic device.  Claim 1 is illustrative and reads           
          as follows:                                                                 
               1.   A shoe insert for placement on an inside surface of a             
          shoe comprising in combination:                                             
               a shoe insole formed of a non-compressible sheet of                    
          deformable synthetic organic thermoplastic resin having a                   
          thickness of at least 10 mils up to 50 mils and being shaped to             
          fit over said inside surface of a shoe, said sheet having memory            
          to permanently retain a deformed shape and said sheet having a              
          continuous, smooth, seamless upper surface and having a bottom              
          surface; and                                                                
               the bottom surface of said sheet including a layer of first            
          fastening material selected from loop fabric or hook fabric and a           
          plurality of cushion pad elements, each containing a layer of               
          resilient compressible, cushioning material and each having a top           
          surface including a layer of second fastening material releasably           
          engageable with said first fastening material selected from loop            
          fabric or hook fabric, said elements being attached to said layer           
          of first fastening material and at least one of said elements               
          containing a thicker layer of cushioning material whereby when              
          the insert is placed on the inside surface of a shoe, said                  
          elements compress under the weight of the user, the sheet deforms           
          in the space between the elements and at locations where adjacent           
          pad elements differ in thickness and retains a deformed shape               







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