Ex parte QUELLAIS et al. - Page 2




          Appeal No. 1997-1268                                                         
          Application 08/319,096                                                       

                                 DECISION ON APPEAL                                    
               This is a decision on appeal under 35 U.S.C. § 134 from                 
          the final rejection of claims 27, 29-36, and 38-41.                          
               We reverse.                                                             
                                     BACKGROUND                                        
               The disclosed invention is directed to a sport shoe                     
          comprising an outer sole made up of three layers performing                  
          distinct functions.                                                          
               Claim 27, the sole independent claim, is reproduced                     
          below.                                                                       
                    27. In a sport shoe comprising an upper, a sole                    
               made from a laminated profile comprising several layers                 
               performing distinct functions, respectively, said sole                  
               being surmounted by said upper, wherein said sole                       
               comprises at least three layers external to said upper,                 
               namely:                                                                 
                    (a) a ground contact layer with determinate                        
               properties of flexibility, gripping and abrasion-                       
               resistance which provide good foot extension, good                      
               ground traction and a high level of wear resistance;                    
                    (b) an upper comfort layer located directly                        
               beneath the foot, said upper comfort layer having                       
               elastic shock-absorption properties and being assembled                 
               on said upper of said shoe; and                                         
                    (c) an intermediate layer of said sole, arranged                   
               directly between an upper part of said ground contact                   
               layer, by one of its faces, and the lower part of said                  
               comfort layer by its other face, having controlled                      
               torsional and flectional rigidity, and providing both                   
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