Appeal No. 1997-1268
Application 08/319,096
not significantly beneath the lateral portion of the heel
region, leaving the lateral heel area with the lateral
outsole portion directly in engagement with the midsole"
(col. 2, lines 13-18) which "results in enhanced rear foot
stability while maintaining shock absorption of the lateral
heel portion of the midsole" (col. 2, lines 19-21). "If the
plate extended beneath the outside, i.e., lateral area of
the heel, the additional torsional stiffness would increase
the rate and degree of pronation, increasing the potential
for injury." (Col. 5, lines 8-11.)
Hannibal discloses a composite shoe sole having a
multiple ply inner sole 30 at the top of a midsole 14 plus
heel lift 20 and an outer sole layer 16.
Exhibit B attached to the amendment (Paper No. 20)
filed August 25, 1995, illustrates the respective layer
arrangements of the present invention (Quellais et al.) and
the two references to Barry and Hannibal.
The Examiner reasons (FR5): "it would have been
obvious to one having ordinary skill in the art to provide
the sole construction of Barry et al. '130 with the sole
plate of Hannibal in lieu of the sole plate disclosed
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