Appeal No. 1999-2130 Page 6
Application No. 08/813,307
The patent to Arrowsmith discloses a heel cushion for a
shoe. The purpose of the cushion appears to be one of comfort
only, for it is described as being “of highly elastic material”
(page 1, lines 17-18) which “becomes in itself a pneumatic
cushion of very high elasticity” (page 1, lines 100-101). In
our view, this would indicate to one of ordinary skill in the
art that little or no elevation of the wearer’s heel would be
provided in use, and therefore the device would not be capable
of solving the problem to which the appellant’s invention is
directed. Vassar discloses a height increasing wedge which
would, if used in the performance of weight exercises, cause
the user’s heel to be elevated in the shoe if weight-training
exercises were performed while the shoe is worn.
The admitted prior art indicates that it was known to
raise the user’s heel by means located externally of the shoe
cavity (see appellant’s Figure 1). Even if one were to take
Karhu into account, it also teaches raising the user’s heel by
increasing the height of the heel of the shoe, which also is a
means external of the shoe cavity. We fail to perceive any
teaching, suggestion or incentive which would have led one of
ordinary skill in the art to provide a wedge-shaped shoe insert
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