26. The two pivot locations 13 and 15 are offset from
the longitudinal median plane of the boot.
27. DE ‘746 (Okajima exhibit OX4) describes a binding
for a mono-ski with a heel member 3 and a leg member 2
pivotally connected by 8 at the rear of the binding.
28. The pivot location is along the line of the
longitudinal median plane of the binding and not offset from
the longitudinal median plane.
29. AT ‘637 (Okajima exhibit OX9) describes a snowboard
shoe with a heel member 1 and a leg member M and a sole 2,
whose sole is varied between low hardness 4, 5c and high
hardness 5, 6 so that the leg of a wearer of the snowboard
shoe is capable of tilting forward and inward.
30. US ‘622 (Okajima exhibit OX5) describes a support
device for prevention of ankle injuries.
C. Discussion
Standard of Review
Although the substantive issues before us were raised in
preliminary motions which were decided by a single judge in a
Decision on Preliminary Motions (Paper 43), those decisions
are not entitled to deference by this three judge panel. See
§ 1.655(a) as amended effective March 16, 1999, which provides
that "[t]he abuse of discretion standard shall apply only to
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