Appeal No. 1997-1268
Application 08/319,096
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). The Examiner has not
dealt with these teachings against doing what the Examiner
proposes. For example, the Examiner states that extending
the sole plate in Barry would reduce pronation, which
contradicts Barry.
Although it might be said that it would have been
obvious to one of ordinary skill in the art to extend the
spring plate to the edges if one was not concerned with the
factors mentioned by Barry, such analysis seems tinged with
hindsight. It would seem that there should be margin
between the spring plate and the edges at least to allow an
adhesive area.
While it may be true that the inner sole 30 comprising
a composite laminate in Hannibal is structurally similar to
the spring plate 20 comprising the composite laminate in
Barry, the different order of the layers in Hannibal makes
it difficult to see how its teachings are applicable to
modifying Barry. The biomechanics of the shoe are clearly
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