Ex parte TERLIZZI - Page 2




          Appeal No. 98-0464                                                          
          Application 08/554,386                                                      


          We reverse.                                                                 




               The invention relates to “a shoe with a split sole,                    
          particularly useful as a dance shoe, but also useful as an                  
          exercise shoe, and particularly relates to sag and stretch                  
          resistance of the mid-section of the shoe between its split                 
          sole regions” (specification, page 1).  Claim 1 is                          
          illustrative and reads as follows:                                          
               1.   A shoe comprising:                                                
               a shoe upper including a bottom beneath, sides passing up              
          past the sides of, and a top above a wearer's foot; the shoe                
          upper including a front portion, a heel portion and a foot                  
          opening at the heel portion; the shoe upper being comprised of              
          a flexible material at least at the mid-section of the shoe                 
          upper;                                                                      
               a split sole beneath the bottom of the shoe upper                      
          including a front sole portion under the front portion of the               
          shoe upper, a rear sole portion under the heel portion of the               
          shoe upper, a mid-section of the bottom of the shoe upper                   
          between the front and the rear sole portions and which is                   
          without the sole beneath it;                                                
               a band of flexible, non-stretchable material attached to               
          the shoe upper so as to overlap the shoe upper at the mid-                  
          section of the shoe upper, the band extending across the                    
          bottom of the shoe upper, up past both sides of the shoe upper              
          and extending to and attached in an overlapping arrangement to              
          both sides of the shoe upper toward the top of the shoe upper               
          for substantially reducing an amount of sagging of the bottom               
                                         -2-                                          





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