Appeal No. 1998-2081
Application No. 08/562,009
22 extending into the heel portions of the insole and the
outsole (see Figure 2), and a cushioning element B having a
heel plug 14. The cushioning element B of Cohn is interposed
between the insole and the outsole.
Hurley discloses a cushion heel shoe comprising an upper
12, an insole 14 having an opening in a heel portion thereof,
an outsole 20 having an opening in a heel portion thereof in
alignment with the opening in the insole, a heel 24, and a
cushion heel support 30 (see Figure 1) having a plug 34
extending into the openings in the insole and outsole.
The examiner considers that Cohn discloses the invention
substantially as claimed “except for the exact cushioning
element and openings in the insole and outsole for receiving
the heel plug of the cushioning element” (answer, page 4). It
is the examiner’s position, however, that it would have been
obvious to one of ordinary skill in the art
to provide openings in the insole and outsole as
taught by Hurley in the shoe of Cohn to improve
comfort by placing the cushion above the insole and
to improve cushioning in the heel portion of the
shoe by increasing the depth of the heel plug.
[Answer, page 4.]
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